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

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

DecidedDecember 23, 1974

StatusPublished

This text of 46 A.D.2d 918 (Southeastern Bank & Trust Co. v. Hutcher) 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

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).

Pincite

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.

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Bluebook (online)

46 A.D.2d 918, 363 N.Y.S.2d 906, 1974 N.Y. App. Div. LEXIS 3253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southeastern-bank-trust-co-v-hutcher-nyappdiv-1974.