Legal Opinion

Miners & Merchants Bank of Alaska v. Brady

Appellate Terms of the Supreme Court of New York

Decided April 15, 1912PublishedCited by 2 opinions

Appeal by defendant from an order of the City Court of the city of Few York, sustaining plaintiff’s demurrer to the second partial defense to the first cause of action upon the ground that the .said' defense is insufficient on the face thereof.

1Opinion of the CourtBijub, J.

The first cause of action is one for $2,500, and interest upon a promissory note. The second partial defense consists of the allegation that notwithstanding chapter 569, Laws of 1911, extending the “ jurisdiction.” of the City Court to 'actions to recover money only up to the sum of '$5,000, exclusive of interest and costs, said City Court has jurisdiction only up to the amount of $2,000, because the act as amended is unconstitutional. This claim is based upon the provisions of article VI, section 18 of the Constitution forbidding the legislature to confer upon any inferior or local court of…

2Cases cited1 opinion

  1. Ralli v. PearsallAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by2 opinions

  1. Leventer v. Sheffield Farms-Slawson-Decker Co.Appellate Terms of the Supreme Court of New York · 1912
  2. Lewkowicz v. Queen Aeroplane Co.Appellate Terms of the Supreme Court of New York · 1912

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