Hagenaers v. Caballero
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Lionel Hagenaers and another, from so much of 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 8th day of June, 1920, as overrules their demurrer to the first separate and distinct defense to the first cause of action alleged in the complaint, and the demurrer to the separate and distinct defense to both the first and second causes of action embodied in…
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Appeal by the plaintiffs, Lionel Hagenaers and another, from so much of 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 8th day of June, 1920, as overrules their demurrer to the first separate and distinct defense to the first cause of action alleged in the complaint, and the demurrer to the separate and distinct defense to both the first and second causes of action embodied in paragraphs XXI and XXII of the amended answer. Appeal by the defendant, Julio C. Caballero, from so much of said order as…
1Opinion of the Court
Greenbaum, J.:
The first cause of action is based upon a quasi contract for the repayment of money paid at the city of New York at the request of the defendants in honoring their drafts, there being no funds in the hands of the drawees. The defense *582after alleging a course of business that had arisen between the defendants, of Colombia, South America, as exporters, and Pinto, Leite & Nephews of London, England, and Lionel Hagenaers & Co., assignors, as factors and bankers, alleges as follows:
“ XIV. * * * That upon and after the cancellation of the mortgages mentioned in paragraph XIII of this…
2Cases cited1 opinion
- Mittendorf v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Keene v. ChambersNew York Court of Appeals · 1936