Frank v. . Mercantile National Bank
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 January 23, 1905, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the answer and overruled sucli demurrer.
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Appeal, by permission, from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1905, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the answer and overruled sucli demurrer. The following questions were certified :■ “ 1. Do the first, second, third, fourth, fifth, sixth or seventh counterclaims set forth in the answer of the defendant herein state facts sufficient to constitute a cause of action against the plaintiff ? “ 2. Are the second, third, fourth, fifth, sixth and seventh set-offs set forth in…
1Opinion of the Court
Cullen, Ch. J.
The action is brought by an assignee in bankruptcy to recover the amount of a deposit made by the bankrupt in the National Broadway Bank. It is alleged in the complaint “ that prior to the commencement of the action and in or about the month of May, 1903, the National Broadway Bank duly assigned, transferred and set over to the defendant all the property, assets and effects of said bank, and the defendant agreed to ‘assume the payment of and to pay all the liabilities of said bank.” The ■ answer of the defendant admitted the plaintiff’s claim and pleaded as a set-off and…
2Cases cited5 opinions
- New York County National Bank v. MasseySupreme Court of the United States · 1904
- Scammon v. KimballSupreme Court of the United States · 1876
- Carr v. HamiltonSupreme Court of the United States · 1889
- Schuler v. IsraelSupreme Court of the United States · 1887
- Fera v. . WickhamNew York Court of Appeals · 1892
3Cited by28 opinions
- Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- Susquehanna Chemical Corp. v. Producers Bank & Trust Co.Court of Appeals for the Third Circuit · 1949
- Morris v. . Windsor Trust Co.New York Court of Appeals · 1914
- Fore Improvement Corporation, .Appellant v. George R. Selig, Trustee-Appellee. In the Matter of Tru-Seal Aluminum Products Corp., BankruptCourt of Appeals for the Second Circuit · 1960
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