Rankin v. Bush
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. Bush and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York, on the 3d day of March, 1904, overruling the defendants’ demurrer ■ to the plaintiff’s complaint, and directing judgment to be entered in favor of the plaintiff upon the ground that such demurrer was frivolous.
1Opinion of the Court
Hatch, J.:
This action was brought upon a bond given by John J. Bush, as principal, and the other defendants, as sureties, conditioned for the faithful performance by said Bush of his duties as cashier of the Elmira National Bank. The complaint, after making formal allegations of the incorporation of the Elmira National Bank, its insolvency and the appointment of the plaintiff as receiver, avers that ■ the defendant John J. Bush was elected cashier of said bank and that he gave a bond, conditioned for the faithful pérformanee' óf his duties, executed by said Bush as principal and the other…
2Cases cited8 opinions
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
- Cook v. . WarrenNew York Court of Appeals · 1882
- Bank of N.Y.N.B. Assn. v. . A.D. T. Co.New York Court of Appeals · 1894
- Youngs v. . KentNew York Court of Appeals · 1871
- Clarke National Bank v. Bank of AlbionNew York Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. MillerOregon Supreme Court · 1906
- Posner v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1912
- Shaw v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1904
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1905
- Northern Bank v. BeckerAppellate Terms of the Supreme Court of New York · 1910
2 more not listed; retrieve them via the Exa API.