Mitchell v. Banco de Londres y Mexico
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William B. Mitchell, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of December, 1919, upon the decision of the court, rendered at the New York Special Term, dismissing the complaint, and also from an order entered in said clerk’s office on the 30th day of August, 1919, denying plaintiff’s motion for a judgment on the pleadings, and also from orders entered…
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Appeal by the plaintiff, William B. Mitchell, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of December, 1919, upon the decision of the court, rendered at the New York Special Term, dismissing the complaint, and also from an order entered in said clerk’s office on the 30th day of August, 1919, denying plaintiff’s motion for a judgment on the pleadings, and also from orders entered in said clerk’s office on the 8th and 9th days of December, 1919, granting defendants’ motion for judgment on the…
1Opinion of the Court
Greenbaum, J.:
The underlying question in the disposition of all the motions which are here to be considered is, whether the objections to the complaint are well taken. These objections are, that the plaintiff has not legal capacity to sue; that the court has no jurisdiction of the defendant Caturegli, nor of the subject-matter of the action; that the plaintiff has adequate relief at law, and, finally, that the complaint does not state facts sufficient to constitute a cause of action.
The action is brought by William B. Mitchell, in behalf of himself and other creditors of the Banco de Londres…
2Cases cited13 opinions
- Oetjen v. Central Leather Co.Supreme Court of the United States · 1918
- Ricaud v. American Metal Co.Supreme Court of the United States · 1918
- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- People v. . Granite State Provident Assn.New York Court of Appeals · 1900
- Popper v. Supreme Council of the Order of Chosen FriendsAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by5 opinions
- Andre v. BehaAppellate Division of the Supreme Court of the State of New York · 1925
- Issaia v. Russo-Asiatic BankNew York Supreme Court · 1935
- Society Milion Athena, Inc. v. National BankNew York Supreme Court · 1938
- In re PeopleNew York Supreme Court · 1924
- Post Sign Service, Inc. v. Charles Eliot Perkins, Inc.City of New York Municipal Court · 1931