Appellate Terms of the Supreme Court of New York, 1947

Berler v. Grossman

Appellate Terms of the Supreme Court of New York · Decided January 2, 1947

188 Misc. 201; 67 N.Y.S.2d 520; 1947 N.Y. Misc. LEXIS 1984

Counsel

Abraham Dolinsky for appellant., Joseph Apfel and Morris Berler, in person for Morris Berler, respondent.

Opinion of the Court

Memorandum

Per Curiam.

Although there was no affirmative defense of lack or failure of consideration for the negotiable *202instrument in the hands of one not a holder in due course and for value, the court, in the interests of justice, should have permitted the defendant to offer proof that the consideration for which the instrument had been given had failed.

The judgment should be reversed and a new trial ordered, with $20 costs to appellant to abide the event.

Hammeb, Shientag and Edeb, JJ., concur.

Judgment reversed, etc.

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