Bank of the Metropolis v. Faber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eberhard Faber, from an interlocutory judgment of the Court of Common Pleas for the city and county of New York i-n favor of the plaintiff, entered-in the office of the clerk of said court on the 6th day of November, 1895, upon the decision of the court rendered after a trial at a Special Term of said court overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Barrett, J.:
The complaint alleges that on or about December 31,1892, plaintiff became the owner and holder, before maturity and for value, of' a note made by the F. J. Kaldenberg Company, a domestic corporation other than a moneyed or railroad corporation; that at no time during the year 1892, or prior to the acquisition of said note by the-.plaintiff, did said company file an annual report as required by law, and that during the whole of said period the defendant was a director of said company. It is demurred to upon the ground that it does-not state facts sufficient to constitute a cause of…
2Cases cited5 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
- Providence Steam & Gas Pipe Co. v. ConnellNew York Supreme Court · 1895
- William Ottmann & Co. v. HoffmanNew York Court of Common Pleas · 1894
3Cited by5 opinions
- Bank of Metropolis v. . FaberNew York Court of Appeals · 1896
- Swancoat v. RemsenU.S. Circuit Court for the District of Southern New York · 1897
- Camp Manufacturing Co. v. HarrimanNew York Supreme Court · 1896
- Clifford v. Protective Life Ass'nNew York Supreme Court · 1901
- Leonard v. FaberAppellate Division of the Supreme Court of the State of New York · 1896