Jacobs v. Monaton Realty Investment Corp.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1913, affirming a determination of the Appellate Term which affirmed an order of the City Court of the city of New York granting a motion by plaintiff for judgment in his favor upon the pleadings and the judgment entered thereon. The pleadings before this court were the complaint and' the demurrer to it.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 31, 1913, affirming a determination of the Appellate Term which affirmed an order of the City Court of the city of New York granting a motion by plaintiff for judgment in his favor upon the pleadings and the judgment entered thereon. The pleadings before this court were the complaint and' the demurrer to it. The facts set forth as the first cause of action are: The defendant is a domestic business corporation and has its principal place of business in the city…
1Opinion of the CourtCollin, J.
The judgment was rendered and sustained upon the ground that the defendant was not empowered to receive the moneys of the plaintiff and their recovery was authorized under the decisions of this court. (Tracy v. Talmage, 14 N. Y. 162; Curtis v. Leavitt, 15 N. Y. 9; Sacketts Harbor Bank v. Codd, 18 N. Y. 240; De Groff v. American Linen Thread Co., 21 N. Y. 124; Oneida Bank v. Ontario Bank, 21 N. Y. 490; Irwin v. Curie, 171 N. Y. 409.) The primary inquiry is, do the allegations of the complaint, admitted as true, establish con. clusively that the defendant surpassed its powers in receiving the…
2Cases cited15 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Clark v. . DillonNew York Court of Appeals · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Nowel v. Equitable Trust Co.Massachusetts Supreme Judicial Court · 1924
- Providence Engineering Corp. v. Downey Shipbuilding Corp.Court of Appeals for the Second Circuit · 1923
- McMahon v. CooneyMontana Supreme Court · 1933
- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
10 more not listed; retrieve them via the Exa API.