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Old Colony Trust Company v. Stumpel

Court of Appeals of the State of New York
Jan 10, 1928
247 N.Y. 538 (N.Y. 1928)
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Summary

In Old Colony Trust Co. v. Stumpel, supra, the Court of Appeals of New York was concerned with a note containing this provision: "The within note is subject to the terms of a conditional sales agreement executed by the maker thereof upon this date."

Summary of this case from Davis v. Union Planters N.B. Tr. Co.
See 3 Summaries

Opinion

Argued December 12, 1927

Decided January 10, 1928

Appeal from the Supreme Court, Appellate Division, First Department.

Edward H. Blanc, George S. Mittendorf and Ramsey Clayton for appellant.

Raymond Gitlin and William Walzer for respondent.

Judgment affirmed, with costs, upon the ground that the provision in the note to the effect that it is subject to the terms of another agreement not attached thereto makes the promise of payment one that is not absolute on its face and thus destroys negotiability.

Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.

Summaries of

Old Colony Trust Company v. Stumpel

Court of Appeals of the State of New York
Jan 10, 1928
247 N.Y. 538 (N.Y. 1928)

In Old Colony Trust Co. v. Stumpel, supra, the Court of Appeals of New York was concerned with a note containing this provision: "The within note is subject to the terms of a conditional sales agreement executed by the maker thereof upon this date."

Summary of this case from Davis v. Union Planters N.B. Tr. Co.

In Old Colony Trust Company v. Stumpel (247 N.Y. 538) the note stated that it was "subject to the terms" of a conditional sales agreement.

Summary of this case from Enoch v. Brandon

In Old Colony Trust Co. v. Stumpel, 247 N.Y. 538, the Court of Appeals affirming the Appellate division, held that an indorsement on the face of the note as follows: "This note is given in accordance with the terms of a conditional sales agreement between the payee and the maker hereof," and the further indorsement on the back of the note, "The within note is subject to the terms of a conditional sales agreement executed by the maker thereof upon this date," did not destroy the negotiability of the instrument.

Summary of this case from Pflueger v. Broadway Trust Savings Bank
Case details for

Old Colony Trust Company v. Stumpel

Case Details

Full title:OLD COLONY TRUST COMPANY, Appellant, v. GUSTAV STUMPEL, Respondent

Court:Court of Appeals of the State of New York

Date published: Jan 10, 1928

Citations

247 N.Y. 538 (N.Y. 1928)

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