New York Court of Appeals, 1925

Niles v. Seeler

Niles v. Seeler
New York Court of Appeals · Decided June 2, 1925 · <italic>Per Curiam.</italic>
240 N.Y. 650; 148 N.E. 743; 1925 N.Y. LEXIS 887

Niles v. Seeler

Opinion of the Court

Per Curiam.

The defendant’s answer and his affidavits produced upon the motion for summary judgment clearly present the issue whether there was any consideration for the note involved in this action.

*651 Of course this was a substantial issue which defendant was entitled to have tried in the ordinary manner and which should not have been disposed of by a summary judgment. (Gravenhorst v. Zimmerman, 236 N. Y. 22, 38, 39; General Investment Co. v. Interborough Rap. Trans. Co., 235 N. Y. 133.)

The judgments should be reversed, with costs in all courts, and the motion for summary judgment denied, with. costs.

Hiscock, Ch. J., Cardozo, McLaughlin, Crane Andrews and Lehman, JJ., concur; Pound, J., absent.

Judgments reversed, etc.

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