Linzer v. Weitzen

Appellate Division of the Supreme Court of New York

Linzer v. Weitzen

266 A.D. 748, 41 N.Y.S.2d 143, 1943 N.Y. App. Div. LEXIS 4256

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 19, 1943

StatusPublished

This text of 266 A.D. 748 (Linzer v. Weitzen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linzer v. Weitzen, 266 A.D. 748, 41 N.Y.S.2d 143, 1943 N.Y. App. Div. LEXIS 4256 (N.Y. Ct. App. 1943).

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Opinion

No opinion. Carswell, Johnston and Adel, JJ., concur; Close, P. J., and Lewis, J., dissent and vote to reverse the judgment on the [749]*749law and to dismiss the complaint on the law, with the following memorandum: Plaintiff has recovered a judgment upon a claim discharged in bankruptcy based on the theory of an alleged subsequent promise in writing to pay. In our opinion the alleged promise in writing fails to meet the tests required to establish a present intention by the debtor to obligate himself or to undertake to pay. (Allen & Co. v. Ferguson, 85 U. S. 1; Herrington v. Davitt, 220 N. Y. 162; Lawrence v. Harrington, 122 N. Y. 408; Elwell v. Cumner, 136 Mass. 102; Gain v. Dunn, 243 App. Div. 849.)

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No opinion. Carswell, Johnston and Adel, JJ., concur; Close, P. J., and Lewis, J., dissent and vote to reverse the judgment on the [749]*749law and to dismiss the complaint on the law, with the following memorandum: Plaintiff has recovered a judgment upon a claim discharged in bankruptcy based on the theory of an alleged subsequent promise in writing to pay. In our opinion the alleged promise in writing fails to meet the tests required to establish a present intention by the debtor to obligate himself or to undertake to pay. (Allen & Co. v. Ferguson, 85 U. S. 1; Herrington v. Davitt, 220 N. Y. 162; Lawrence v. Harrington, 122 N. Y. 408; Elwell v. Cumner, 136 Mass. 102; Gain v. Dunn, 243 App. Div. 849.)

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Bluebook (online)

266 A.D. 748, 41 N.Y.S.2d 143, 1943 N.Y. App. Div. LEXIS 4256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linzer-v-weitzen-nyappdiv-1943.

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