Appellate Division of the Supreme Court of New York, 1910

Ribner v. Kleinberg

Ribner v. Kleinberg
Appellate Division of the Supreme Court of New York · Decided April 8, 1910 · Seabury
122 N.Y.S. 239 (New York Supplement)

Counsel

Alfred E. Ommen, for appellant., Walter M. Fri'edland, for respondent.

Ribner v. Kleinberg

Opinion of the Court

SEABURY, J.

Action upon a demand note against the maker. The defendant proved that he was induced to sign the note because it was represented to him that it was a receipt. This evidence was not denied. The defendant also proved that the note was without consideration. It follows that the verdict of' the jury in favor of the plaintiff cannot be sustained.

Judgment reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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