Legal Opinion

Tinkham v. Borst

New York Supreme Court

Decided May 7, 1860PublishedCited by 7 opinions

THE questions in this case were presented by demurrers to the second and third causes of action set forth in the complaint. These demurrers were sustained. There having been issues of fact on the first cause of action, and judgment by default against the plaintiff on that cause of action, after the demurrers to the second and third causes of action were sustained, final judgment was rendered in favor of the defendant for costs. The plaintiff appealed from the final judgment.

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THE questions in this case were presented by demurrers to the second and third causes of action set forth in the complaint. These demurrers were sustained. There having been issues of fact on the first cause of action, and judgment by default against the plaintiff on that cause of action, after the demurrers to the second and third causes of action were sustained, final judgment was rendered in favor of the defendant for costs. The plaintiff appealed from the final judgment. The facts, as alleged in the second count or cause of action, and admitted by the demurrer, are as follows: On the 27th…

1Opinion of the Court

By the Court, Mullin, J.

The second count or cause of action in this complaint charges in substance that the plaintiff is a creditor by judgment of the American Exchange Bank, a banking corporation, located in Hew Jersey and organized under the banking law of that state, which is substantially like the general banking law of this state. It is also alleged that said corporation, having become insolvent, was dissolved by the court of chancery of that state; that the defendant, being the principal stockholder in said bank, fraudulently abstracted the assets of said bank to the amount of some…

2Cited by7 opinions

  1. Bartlett v. . DrewNew York Court of Appeals · 1874
  2. Hooley v. GieveNew York Court of Common Pleas · 1878
  3. Neptune Fire Engine & Hose Co. v. Board of EducationCourt of Appeals of Kentucky · 1915
  4. Hopkins v. CrossleyMichigan Supreme Court · 1904
  5. Lehr v. MurphyWisconsin Supreme Court · 1908

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