City of New York Municipal Court, 1928

Industrial Rediscount Corp. v. Kaufman

Industrial Rediscount Corp. v. Kaufman
City of New York Municipal Court · Decided December 14, 1928 · Leary
133 Misc. 517; 232 N.Y.S. 197; 1928 N.Y. Misc. LEXIS 1184

Counsel

Samuel A. Hirshowitz, for the plaintiff., Hyman Orleans, for the defendants.

Industrial Rediscount Corp. v. Kaufman

Opinion of the Court

Leary, J.

I find that the plaintiff was engaged in the purchasing of promissory notes, and not in discounting the same. Section 140 of the Banking Law does not prohibit the purchase of promissory notes, and, this being a penal statute, it must be strictly construed. (American Life Ins. & Trust Co. v. Dobbin, [1843] Lalor’s Supp. 252.)

The judgment entered by the plaintiff against the defendants heretofore is vacated and reinstated as of December 14, 1928, in order to protect the defendants’ right of appeal.

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