Tripp v. Hunt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Daniel B. Tripp and another, as administrators with the will annexed of John L. Haviland, deceased, from an interlocutory judgment of the Supreme Court in favor of' the defendant Hermon D. Hunt, as administrator, etc., of Mary S. Haviland, deceased, entered in the office of the clerk of the county Cortland on the 19th day of July, 1899, upon the decision of the court, rendered after a trial at the Cortland Special Term, sustaining the said…
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Appeal by the plaintiffs, Daniel B. Tripp and another, as administrators with the will annexed of John L. Haviland, deceased, from an interlocutory judgment of the Supreme Court in favor of' the defendant Hermon D. Hunt, as administrator, etc., of Mary S. Haviland, deceased, entered in the office of the clerk of the county Cortland on the 19th day of July, 1899, upon the decision of the court, rendered after a trial at the Cortland Special Term, sustaining the said defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Landon, J.:
The complaint sets forth but one cause of action, namely, a right existing in the plaintiffs to have the defendant Hunt return to them, with his indorsement as administrator, a certificate of deposit in the defendant bank, of which certificate they are the owners, to the end that, upon plaintiffs’ presentation thereof to the bank so indorsed, they may obtain the money thereon, which the bank meantime, because of the non-presentation of the certificate so indorsed, withholds.
That the plaintiffs have an adequate remedy at law is defensive matter and should be set up by answer.…
2Cases cited1 opinion
- Newell v. Manhattan Railway Co.New York Supreme Court · 1894
3Cited by1 opinion
- McCann v. HazardNew York Supreme Court · 1901