Commerce Exchange National Bank of Chicago v. Blye
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order-made the second Monday of May, 1890, which affirmed a judgment in favor of plaintiff entered upon an order overruling a demurrer to plaintiff’s complaint. The material allegations of the complaint are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order-made the second Monday of May, 1890, which affirmed a judgment in favor of plaintiff entered upon an order overruling a demurrer to plaintiff’s complaint. The material allegations of the complaint are stated in the opinion. The act of the defendant constituted one, entire, inseverable and indivisible wrong, out of which could arise only an entire and indivisible demand. (Freeman on Judgments, § 241; Whitney v. Clarendon, 10 Vt. 252.) The weakness of the position that the…
1Opinion of the CourtFinch, J.
The judgment rendered in this case is without precedent, and opens new possibilities of litigation if sustained by this court. The question arose on demurrer. The complaint alleged that the defendant became receiver of the Middletown National Panic in November, 1884, and, as such receiver, came into possession of forty-six coupon bonds of the West Point Manufacturing Company, a corporation organized under the'laws of Nebraska ; that plaintiff was entitled to the possession of said bonds, having a special property therein; that in December, 1884, the plaintiff demanded of defendant, possession…
2Cases cited1 opinion
- Brewster v. . SillimanNew York Court of Appeals · 1868
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- Van Horne v. TreadwellCalifornia Supreme Court · 1913
- Bishop v. HendrickNew York Supreme Court · 1894
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