Southeastern Bank & Trust Co. v. Hutcher

Appellate Division of the Supreme Court of New York

Southeastern Bank & Trust Co. v. Hutcher

46 A.D.2d 918, 363 N.Y.S.2d 906, 1974 N.Y. App. Div. LEXIS 3253

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1974·Published

Opinion

In an action to recover (1) $40,000.04, the balance owing on a demand promissory note, and (2) $4,000 for collection expenses, including a reasonable counsel fee, under a provision therefor in the note, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated February 26, 1974, which denied its motion for summary judgment. Order reversed, on the law, with $20 costs and disbursements; plaintiff’s motion granted as to the first cause of action as demanded in the complaint; granted as to the second cause of action on the issue of liability, and motion remitted to Special Term for a hearing to determine the amount to be awarded to plaintiff. The defense set forth is insufficient as a matter of law. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ., concur.

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In an action to recover (1) $40,000.04, the balance owing on a demand promissory note, and (2) $4,000 for collection expenses, including a reasonable counsel fee, under a provision therefor in the note, plaintiff appeals from an order of the Supreme Court, Suffolk County, dated February 26, 1974, which denied its motion for summary judgment. Order reversed, on the law, with $20 costs and disbursements; plaintiff’s motion granted as to the first cause of action as demanded in the complaint; granted as to the second cause of action on the issue of liability, and motion remitted to Special Term for a hearing to determine the amount to be awarded to plaintiff. The defense set forth is insufficient as a matter of law. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and Munder, JJ., concur.

Southeastern Bank & Trust Co. v. Hutcher, 46 A.D.2d 918, 363 N.Y.S.2d 906, 1974 N.Y. App. Div. LEXIS 3253 (N.Y. Ct. App. 1974).

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46 A.D.2d 918 (Southeastern Bank & Trust Co. v. Hutcher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.