Stewart v. Beebe
New York Supreme Court
DEMURRER to complaint. The action was brought upon a promissory note, made by one of the defendants, and indorsed by the other, to the Bowery Bank.
Read the full summary
DEMURRER to complaint. The action was brought upon a promissory note, made by one of the defendants, and indorsed by the other, to the Bowery Bank. The complaint alleged “ that by an order of the supreme court of the state of Hew York, made at the City Hall of the city of Hew York, on the 5th day of Hovember, 1857, the plaintiff was duly appointed receiver of the Bowery Bank, of the city of Hew York, upon filing certain security therein mentioned; which said security was duly filed on the 6th day of Hovember, 1857 ; and that the plaintiff thereupon entered upon the duties of his appointment,…
1Opinion of the CourtIngraham, J.
This action is brought by the receiver of the Bowery Bank. The complaint describes the plaintiff as having been duly appointed receiver, by an order of the supreme court, &c. The .demurrer states as grounds of demurrer : 1. That the plaintiff has not legal capacity to sue. The objection to the allegation in the complaint respecting the mode of the plaintiff’s appointment, is that the appointment must be made by a judge, out of court, and not by the court itself. And sections 236 to 239 of the statute (1 R. S. 4th ed. p. 1162,) are referred to as authority therefor.
By the law, as passed…
2Cases cited3 opinions
- Gillet v. FairchildNew York Supreme Court · 1847
- Bangs v. McIntoshNew York Supreme Court · 1857
- Beach v. KingNew York Supreme Court · 1837
3Cited by1 opinion
- In re Beecher's EstateNew York Supreme Court · 1892