Albany City National Bank v. Hudson River Brick Manufacturing Co.
New York Supreme Court
Appeal from special term, Westchester county. Action by the Albany City National Bank against the Hudson River Brick Manufacturing Company, impleaded, to foreclose a chattel mortgage executed by Bernard J. McG-uire and others to Sullivan & Ehlers. From an interlocutory judgment overruling a demurrer of defendant brick company to the amended complaint, said brick company appeals.
1Opinion of the CourtDykman, J.
This is an appeal from an interlocutory judgment overruling a demurrer to the complaint. The action is for the fore*794closure of a chattel mortgage, and the allegation in respect to the brick company is that it has, or claims to have, some interest in the mortgaged property. The brick company demurred to the complaint on the ground that it failed to state facts sufficient to constitute a cause of action against it. The statement already recited was sufficient to show that the brick company was a proper party to the action, and it is not necessary for us to determine the relief to which the…
2Cited by1 opinion
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