Manufacturers Trust Co. v. Pase Motors, Inc.

Appellate Terms of the Supreme Court of New York

Manufacturers Trust Co. v. Pase Motors, Inc.

8 Misc. 2d 1040, 161 N.Y.S.2d 654, 1957 N.Y. Misc. LEXIS 3681

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 17, 1957

StatusPublished

This text of 8 Misc. 2d 1040 (Manufacturers Trust Co. v. Pase Motors, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Pase Motors, Inc., 8 Misc. 2d 1040, 161 N.Y.S.2d 654, 1957 N.Y. Misc. LEXIS 3681 (N.Y. Ct. App. 1957).

Pincite

Opinion

Per Curiam.

Pursuant to section 115 of the Negotiable Instruments Law every person negotiating an instrument by delivery or by a qualified indorsement warrants that all parties had capacity to contract. Consequently, when defendant negotiated the note in question to plaintiff, indorsed without recourse, for value, and before maturity, it was liable to the plaintiff on the note and its defense that one of the makers was without capacity to contract because of infancy does not avail it. Plaintiff was entitled to summary judgment and the denial of its application therefor was in error.

The order should be reversed, with $10 costs, and plaintiff’s motion for summary judgment granted.

Hecht, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.

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Per Curiam.

Pursuant to section 115 of the Negotiable Instruments Law every person negotiating an instrument by delivery or by a qualified indorsement warrants that all parties had capacity to contract. Consequently, when defendant negotiated the note in question to plaintiff, indorsed without recourse, for value, and before maturity, it was liable to the plaintiff on the note and its defense that one of the makers was without capacity to contract because of infancy does not avail it. Plaintiff was entitled to summary judgment and the denial of its application therefor was in error.

The order should be reversed, with $10 costs, and plaintiff’s motion for summary judgment granted.

Hecht, Aurelio and Tilzer, JJ., concur.

Order reversed, etc.

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Bluebook (online)

8 Misc. 2d 1040, 161 N.Y.S.2d 654, 1957 N.Y. Misc. LEXIS 3681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manufacturers-trust-co-v-pase-motors-inc-nyappterm-1957.