Gitler v. Russian Company for Sea, River & Land Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Russian Company for Sea, River and Land Insurance, etc., from so much, of an interlocutory judgment of the Supreme Court in part in favor of the plaintiffs, entered in the office of the clerk, of the county of Revv York on the 5tli day of October, 1907, upon the decision of the court rendered after a trial at the New York Special Term as sustains the plaintiffs’ demurrer to the first and second separate defenses and "counterclaims contained in…
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Appeal by the defendant, The Russian Company for Sea, River and Land Insurance, etc., from so much, of an interlocutory judgment of the Supreme Court in part in favor of the plaintiffs, entered in the office of the clerk, of the county of Revv York on the 5tli day of October, 1907, upon the decision of the court rendered after a trial at the New York Special Term as sustains the plaintiffs’ demurrer to the first and second separate defenses and "counterclaims contained in the second amended answer1 of the said defendant.
1Opinion of the Court
Scorr, J.:
The defendant appeals from so much of an interlocutory judgment as sustained a demurrer to the first and second separate defenses contained in the answer. The action is in the nature of a creditor’s hill seeking to reach certain property alleged to belong to defendan t, and therewith to satisfy a judgment entered in favor of plaintiffs against defendant on November 13, 1902. The first separate defense seeks to' avoid the judgment entirely or to forever restrain its collection upon the ground that it was obtained by fraud. The defense sets forth, that the judgment was obtained' by…
2Cases cited6 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
- Townsend v. . the Masterson, C., Stone Dressing Co.New York Court of Appeals · 1857
- Hong Kong & Shanghai Banking Corp. v. CooperNew York Court of Appeals · 1889
- Perryman v. AllenSupreme Court of Alabama · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jacobowitz v. HersonNew York Court of Appeals · 1935
- Nahtel Corporation v. West Virginia Pulp & Paper Co.Court of Appeals for the Second Circuit · 1944
- Boston & Maine Railroad v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Kent v. Universal Film Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Sudbury v. Ambi Verwaltung Kommanditgesselschaft auf AktienAppellate Division of the Supreme Court of the State of New York · 1925
7 more not listed; retrieve them via the Exa API.