David v. City National Securities Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, City National Securities Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of December, 1915.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an order overruling a demurrer to the complaint. The demurrer was. on the ground (a) that the complaint did not state facts sufficient to constitute a cause of action; and (b) that there was a defect of parties defendant.
The complaint alleged, in substance, that in 1914 a copartnership was engaged in business at Leipzig, Germany, under the name of Simon Herzig & Sons Company; that at the same time there was a domestic corporation by the same name engaged in business in the city of New York; that bankruptcy proceedings were instituted against the Leipzig firm…
2Cases cited3 opinions
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Molloy v. . Village of Briarcliff ManorNew York Court of Appeals · 1916
- Williams v. United States Mut. Acc. Ass'nNew York Supreme Court · 1894
3Cited by2 opinions
- Crosney v. Edward Small Productions, Inc.District Court, S.D. New York · 1942
- Lyons v. Liberty Nat. BankCourt of Appeals for the D.C. Circuit · 1933