Manufacturers Trust Co. v. Palmer

Appellate Division of the Supreme Court of New York

Manufacturers Trust Co. v. Palmer

13 A.D.2d 772, 215 N.Y.S.2d 840

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

DecidedMay 29, 1961

StatusPublished

Cited by2 cases

This text of 13 A.D.2d 772 (Manufacturers Trust Co. v. Palmer) 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

Manufacturers Trust Co. v. Palmer, 13 A.D.2d 772, 215 N.Y.S.2d 840 (N.Y. Ct. App. 1961).

Pincite

Opinion

Three orders entered on December 4, 1959, denying plaintiff’s motions for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, the motions granted, with $10 costs, and an assessment of damages directed. The alleged oral agreement varying the unconditional obligations of the notes in suit cannot be availed of as a defense. (Ford v. Hahn, 269 App. Div. 436.) The allegations of the defendants fail to sustain the defense of fraud. Moreover, public policy requires that a person executing an instrument constituting an obligation to a bank be estopped from enforcing an oral agreement not to enforce it according to its terms. (Mount Vernon Trust Co. v. Bergoff, 272 N. Y. 192.) Concur — Botein, P. J., Breitel, Valente, McNally and Bergan, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Three orders entered on December 4, 1959, denying plaintiff’s motions for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to the appellant, the motions granted, with $10 costs, and an assessment of damages directed. The alleged oral agreement varying the unconditional obligations of the notes in suit cannot be availed of as a defense. (Ford v. Hahn, 269 App. Div. 436.) The allegations of the defendants fail to sustain the defense of fraud. Moreover, public policy requires that a person executing an instrument constituting an obligation to a bank be estopped from enforcing an oral agreement not to enforce it according to its terms. (Mount Vernon Trust Co. v. Bergoff, 272 N. Y. 192.) Concur — Botein, P. J., Breitel, Valente, McNally and Bergan, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

13 A.D.2d 772, 215 N.Y.S.2d 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manufacturers-trust-co-v-palmer-nyappdiv-1961.

Opinion

Related

Cite This Page — Counsel Stack