Legal Opinion

First Commercial Bank v. Valentine

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1913PublishedCited by 6 opinions

Appeal by the defendants, Moses M. Valentine and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of October, 1912, overruling the defendants’ demurrer to the complaint.

1Opinion of the Court

Dowling, J.:

The Welch Motor Car Company of New York, on July 10, i 1908, brought an action in replevin against P. Brady & Sons Company to recover possession of two automobiles, and in that action the defendants herein, Valentine and Bloch, made and delivered to the sheriff a written undertaking, pursuant to the statute, which recited that whereas L. H. Perlman, the president of the plaintiff in that action, had made an affidavit that the defendant therein wrongfully detains certain chattels to the value of $7,200, and the' plaintiff claims the delivery thereof, therefore and in consideration…

2Cases cited4 opinions

  1. McCluskey v. . CromwellNew York Court of Appeals · 1854
  2. Christal v. . KellyNew York Court of Appeals · 1882
  3. Goldstein v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1903
  4. Hochman v. HauptmanAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by6 opinions

  1. Mutual Life Insurance v. United States Hotel Co.New York Supreme Court · 1913
  2. General Insurance Company of America v. DeenCourt of Appeals of Arizona · 1966
  3. Skillmax v. United States Fidelity & Guaranty Co.Supreme Court of New Jersey · 1925
  4. First Commercial Bank v. ValentineAppellate Division of the Supreme Court of the State of New York · 1914
  5. Benguiat v. Gotham National BankAppellate Division of the Supreme Court of the State of New York · 1941

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