Holmes v. Northern Pacific Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Artemas H. Holmes, from an inter loentory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of April, 1901, upon the decision of the court rendered after a trial at the New York Special Term overruling the plaintiff’s demurrer to new matter contained in the defendant’s answer.
1Opinion of the Court
Patterson, J.:
This demurrer is to new matter set up in the answer. The action is brought to recover interest upon certain registered bonds issued by the Northern Pacific Railway Company to the plaintiff in January, 1888, the plaintiff claiming in his complaint that he has been the owner and holder of those bonds from that time until the commencement of this action. It is further alleged in the complaint that on November 10, 1896, and thereafter, the defendant duly covenanted, undertook and agreed well and truly to pay and discharge each of said bonds, and also duly, punctually and regularly…
2Cases cited6 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- People v. . BoothNew York Court of Appeals · 1865
- Clark v. PoorNew York Supreme Court · 1893
- Van Santwood v. SandfordNew York Supreme Court · 1815
- Kager v. BrennemanAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902