Legal Opinion

Svenska Taendsticks Fabrik Aktiebolaget v. Bankers Trust Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 8, 1933PublishedCited by 3 opinions

1Per curiam

Plaintiffs are entitled to have their complaint treated as one in conversion. The provisions of section 287 of the Civil Practice Act are, therefore, not available to the appellants. Nor are the provisions of section 193 of the Civil Practice Act, as the appellants do not bring themselves within any of its subdivisions. The same is true with respect to the provisions of section 271 of the Civil Practice Act. The appellants have no true counterclaim within the purview of this section.

While concededly interpleader does not he, the appellants maintain that under the broad equity powers of the…

2Cases cited1 opinion

  1. Empire Engineering Corp. v. . MackNew York Court of Appeals · 1916

3Cited by3 opinions

  1. Svenska Taendsticks Fabrik Aktiebolaget v. Bankers Trust Co.New York Court of Appeals · 1935
  2. In re the Estate of KiamieNew York Surrogate's Court · 1938
  3. Keating v. Astor Theatre Corp.Appellate Division of the Supreme Court of the State of New York · 1950

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API