Legal Opinion

Commerce Exchange National Bank of Chicago v. Blye

New York Court of Appeals

Decided October 7, 1890PublishedCited by 15 opinions

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

  1. Brewster v. . SillimanNew York Court of Appeals · 1868

3Cited by15 opinions

  1. Abbott v. the 76 Land and Water Co.California Supreme Court · 1911
  2. Reaugh v. McCollum Exploration Co.Texas Supreme Court · 1942
  3. Reaugh v. McCollum Exploration Co.Texas Supreme Court · 1942
  4. Van Horne v. TreadwellCalifornia Supreme Court · 1913
  5. Bishop v. HendrickNew York Supreme Court · 1894

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