Appellate Terms of the Supreme Court of New York, 1924

Amsterdam v. Gold

Appellate Terms of the Supreme Court of New York · Decided June 3, 1924

123 Misc. 300; 205 N.Y.S. 231; 1924 N.Y. Misc. LEXIS 926

Counsel

Bernstein & Salkin (A. Loeb Salkin, of counsel), for the appellant., ' Leo Rocklin, for the respondent.

Opinion of the Court

Per Curiam.

This action is on a promissory note. On the trial it developed that the note was lost and could not be produced.

Over the objection and exception of defendant’s counsel, the paying teller of the Nassau National Bank was permitted to testify to a statement of the contents of the note contained in a record *301made, not by him, but by a notary connected with the bank. This testimony was incompetent, and should have been excluded.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Guy, Gavegan and Mitchell, JJ.

Judgment reversed and new trial ordered.

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