Transbel Investment Co. v. Venetos
Opinion of the Court
The action is upon a note signed by defendant in this city in 1925 and forwarded by mail to plaintiff’s assignor, A, J. Richey, the payee, who was in Florida. Opposite the defendant’s signature, an inch or more distant therefrom, the word “ Seal ” appears in parentheses. This word was printed on the note prior to the time defendant signed it. Defendant has moved to dismiss the complaint under rule 107, subdivision 6, of the Rules of Civil Practice, on the ground that the action is barred by the six-year Statute of Limitations because the note is not a sealed instrument. The Special Term denied the motion. In our opinion the mere use of the word “ Seal ” or other appropriate sign as prescribed by the General Construction Law (§ 44), in the absence of any provision in the note or of other proof indicating an intention to adopt the seal and to make the note a sealed instrument, is insufficient to make it such. (Cochran v. Taylor, 273 N. Y. 172; Empire Trust Co. v. Heinze, 242 id. 475; Matter of Pirie, 198 id. 209; Weeks v. Esler, 143 id. 374; Drexler-Bochester Properties, Inc., v. Paris, 236 App. Div. 409; Nix v. Low, 165 Mise. 484; Dougherty v. Equitable Life Assur. Soc. of U. S., 144 id. 363.) The affidavit of plaintiff’s assignor, who was not present when the note was signed and who had no part in the negotiations, is of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.