Rosenberg v. Schoenwald

Appellate Division of the Supreme Court of New York

Rosenberg v. Schoenwald

129 N.Y.S. 155

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

DecidedMay 4, 1911

StatusPublished

This text of 129 N.Y.S. 155 (Rosenberg v. Schoenwald) 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

Rosenberg v. Schoenwald, 129 N.Y.S. 155 (N.Y. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

This case was before this court at the December term in 1910, upon an appeal from a judgment which was entered in favor of the plaintiff. 126 N. Y. Stipp. 615. The opinion of the court reversing the judgment was written by Mr. Justice Brady. That opinion made it clear that, upon the settlement which took place between, the plaintiff and the makers of the notes, the defendant was discharged from liability. Upon the proof presented, and upon having its attention called to the opinion referred to above, the court below should have granted the motion to dismiss the complaint.

Judgment reversed, and complaint dismissed, with costs to the appellant in this court and in the court below.

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PER CURIAM.

This case was before this court at the December term in 1910, upon an appeal from a judgment which was entered in favor of the plaintiff. 126 N. Y. Stipp. 615. The opinion of the court reversing the judgment was written by Mr. Justice Brady. That opinion made it clear that, upon the settlement which took place between, the plaintiff and the makers of the notes, the defendant was discharged from liability. Upon the proof presented, and upon having its attention called to the opinion referred to above, the court below should have granted the motion to dismiss the complaint.

Judgment reversed, and complaint dismissed, with costs to the appellant in this court and in the court below.

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Bluebook (online)

129 N.Y.S. 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-schoenwald-nyappdiv-1911.