Vulcan Iron Works v. Pittsburg-Eastern Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pittsburg-Eastern Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer oh the 13th day of October,-1910, upon the decision of the court, rendered after a trial at the Albany Special Term, sustaining the plaintiff’s demurrer to defendant’s first and partial defense and to the second and third defenses contained in its answer to the amended complaint.…
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Appeal by the defendant, the Pittsburg-Eastern Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer oh the 13th day of October,-1910, upon the decision of the court, rendered after a trial at the Albany Special Term, sustaining the plaintiff’s demurrer to defendant’s first and partial defense and to the second and third defenses contained in its answer to the amended complaint. ■ .
1Opinion of the Court
Smith, P. J.:
The amended complaint alleges the execution and delivery of three promissory notes by one Egan to the plaintiff in' part payment of two locomotives, that said notes were discounted with certain banks and that two of said notes were not paid at maturity and were protested for non-payment, whereby plaintiff was compelled to take up said two notes, and now sues to recover the amounts due thereon, including protest fees. The complaint further alleges a certain written contract between defendant and said Egan and others whereby defendant assumed and agreed to pay said notes, which…
2Cases cited7 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- Durnherr v. . RauNew York Court of Appeals · 1892
- Barlow v. . MyersNew York Court of Appeals · 1876
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3Cited by7 opinions
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- Cappello v. Union Carbide & Carbon Corp.New York Supreme Court · 1951
- Besler v. Eldorado Cleaners, Inc.New York Supreme Court · 1932
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