Kellogg v. Chenango Valley Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Broome county. Action by Orris N. Kellogg, as receiver of the National Broome County Bank of Binghamton,- and the National Broome County Bank of Binghamton, against the Chenango Valley Savings Bank, Charles E. Abbott, as administrator, and Sarah E. Abbott, as administratrix, of the estate of Charles N. Abbott, deceased, and 145 others, for an injunction and other relief.
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Appeal from special term, Broome county. Action by Orris N. Kellogg, as receiver of the National Broome County Bank of Binghamton,- and the National Broome County Bank of Binghamton, against the Chenango Valley Savings Bank, Charles E. Abbott, as administrator, and Sarah E. Abbott, as administratrix, of the estate of Charles N. Abbott, deceased, and 145 others, for an injunction and other relief. From interlocutory judgments overruling their demurrers to the complaint, the Chenango Valley Savings Bank, defendants William H. Siple, and Jennie U. Searles, executrix of the estate of Joseph…
1Opinion of the CourtMerwin, J.
It is claimed on the part of the appellants that the complaint does not state facts sufficient to constitute a cause of action, and that causes of action are improperly united. On the part of the respondents it is claimed that but one cause of action is stated, and that the action is maintainable upon the principles applicable to a bill of peace for the prevention of a multiplicity of suits.
The allegations of the complaint are, in substance, as follows: The National Broome County Bank, a national banking association duly organized under the laws of the United States, and located at…
2Cases cited9 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Board of Supervisors v. . DeyoeNew York Court of Appeals · 1879
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3Cited by2 opinions
- Supreme Lodge of Fraternal Union v. RayCourt of Appeals of Texas · 1914
- Warren v. ParkhurstAppellate Division of the Supreme Court of the State of New York · 1905