Parks v. Knickerbocker Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John H. Parks, from an interlocutory judgment of the Supreme Gdurt in favor of the defendant, entered in the office of the clerk of the county, of New York on the 30tli day of December, 1909, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to certain defenses contained in the answer.
1Opinion of the Court
McLaughlin, J.:
Action upon four certificates of deposit, each set forth as a separate cause of action, issued by the defendant to the plaintiff, payment of which has been demanded and -refused.
*720The answer sets up the same defense to each cause of action, and. the plaintiff demurs separately to each so-called second and separate defense, upon the ground that it is insufficient in law upon the face thereof. The appeal is from an interlocutory judgment overruling the demurrer.
The defenses demurred to allege that the plaintiff, at the time the certificates in question were issued, was employed as…
2Cases cited3 opinions
- Squire v. . OrdemannNew York Court of Appeals · 1909
- Viets v. . Union National Bank of TroyNew York Court of Appeals · 1886
- Havana Central Railroad v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by9 opinions
- Vladikavkazsky Railway Co. v. New York Trust Co.New York Court of Appeals · 1934
- Venus Lodge No. 62 v. Acme Benevolent Ass'nSupreme Court of North Carolina · 1950
- Roberts v. KennedyCourt of Chancery of Delaware · 1922
- Fidelity & Deposit Co. v. Queens County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1916
- White v. Bank of AngolaNew York Supreme Court · 1927
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