Meltzer v. National Union Bank

Appellate Division of the Supreme Court of New York

Meltzer v. National Union Bank

254 A.D. 563, 2 N.Y.S.2d 607, 1938 N.Y. App. Div. LEXIS 6574

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

DecidedMarch 4, 1938

StatusPublished

This text of 254 A.D. 563 (Meltzer v. National Union Bank) 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

Meltzer v. National Union Bank, 254 A.D. 563, 2 N.Y.S.2d 607, 1938 N.Y. App. Div. LEXIS 6574 (N.Y. Ct. App. 1938).

Pincite

Opinion

In an action, tried by the court without a jury, to recover on a promissory note alleged to have been made by the decedent a short time before his death, the plaintiff obtained a judgment. Judgment and order reversed on the law and the facts and a new trial granted, wdth costs to appellant to abide the event, upon the ground that the verdict is against the weight of the evidence. Whether the signature affixed to the note is that of the decedent is seriously disputed. Furthermore, the decedent’s financial circumstances at the time were such as to make it highly improbable that, if he were indebted to the drawee, he would have given the note rather than make payment out of his funds on deposit in the bank. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

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

In an action, tried by the court without a jury, to recover on a promissory note alleged to have been made by the decedent a short time before his death, the plaintiff obtained a judgment. Judgment and order reversed on the law and the facts and a new trial granted, wdth costs to appellant to abide the event, upon the ground that the verdict is against the weight of the evidence. Whether the signature affixed to the note is that of the decedent is seriously disputed. Furthermore, the decedent’s financial circumstances at the time were such as to make it highly improbable that, if he were indebted to the drawee, he would have given the note rather than make payment out of his funds on deposit in the bank. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 563, 2 N.Y.S.2d 607, 1938 N.Y. App. Div. LEXIS 6574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meltzer-v-national-union-bank-nyappdiv-1938.