Appellate Terms of the Supreme Court of New York, 1914

McConkey v. Tehuantepec Rubber Culture Co.

Appellate Terms of the Supreme Court of New York · Decided November 19, 1914 · Bijur

149 N.Y.S. 984 (New York Supplement)

Counsel

Atkins B. Cunningham, of New York City, for appellant., Maerkle & Maerkle, of New York City (Frederick B. Maerkle, of New York City, of counsel), for respondent. '

Opinion of the Court

BIJUR, J.

Plaintiff sues as a holder of certain unpaid coupons detached from a mortgage bond made by the defendant. The only plea made by defendant, on this appeal, to sustain the judgment, is that it would be inequitable to permit the holder of these negotiable coupons to secure a preference over other creditors.

As this is no answer to a claim on the debt evidenced by the coupons, the judgment must be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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