Appellate Terms of the Supreme Court of New York, 1913

Kinsella v. Lockwood

Appellate Terms of the Supreme Court of New York · Decided March 7, 1913 · Bijur

140 N.Y.S. 513; 79 Misc. 619 (New York Supplement)

Counsel

McLear & McLear, of New York City (Robert E. McLear, of New York City, of counsel), for appellant.

Opinion of the Court

BIJUR, J.

[1] The complaint pleads a note drawn payable to the payee, but not to order or to bearer. Under section 20 of the Negotiable Instruments Law (Consol. Laws 1909, c. 38), a note in that form is not negotiable. Fulton v. Varney, 117 App. Div. 572, 575, 102 N. Y. Supp. 608.

[2] It therefore does not import consideration. Deyo v. Thompson, 53 App. Div. 10, 65 N. Y. Supp. 459.

[3] While the complaint alleges that it had been given “for a valuable consideration,” such an allegation is merely a statement of a legal conclusion, and not of a fact. Browning, King & Co. v. Terwilliger, 144 App. Div. 516, 519, 129 N. Y. Supp. 431.

Judgment reversed, and demurrer sustained, with leave, however, to plaintiff to'plead over within six-days, on payment of costs of the. action to date, and with costs of this appeal to appellant. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.