Dunne v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Surety Company of New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,' entered in the office of the clerk of the county of New York on the' 14th day of April, 1899, overruling the defendant’s demurrer to the plaintiff’s complaint. The facts of this case are fully stated in the dissenting opinion of Rumsey, J
1Opinion of the Court
Barrett, J.:
We are all agreed in this case except as to the question whether it was necessary for the plaintiff to obtain leave to bring the action. It is proper that we should give the reasons which, in the judgment *92of the majority, call for a different conclusion upon this point from that reached by Justice Rumsey.
A few words, too, may not be inappropriate as to the other questions. Our agreement with Justice Rumsey as to the plaintiff’s right to maintain the,action does not rest wholly upon the authority of Walton v. Walton (4 Abb. Ct. App. Dec. 512). The allegation of the complaint there…
2Cases cited4 opinions
- Harrington v. . KeteltasNew York Court of Appeals · 1883
- Bischoff v. EngelAppellate Division of the Supreme Court of the State of New York · 1896
- Walton v. WaltonNew York Court of Appeals · 1864
- Clapp v. MeseroleNew York Court of Appeals · 1864
3Cited by3 opinions
- Bank of New York v. New Jersey Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1939
- Dunne v. American Surety Co.New York Supreme Court · 1901
- Wright v. ClarkNew York Supreme Court · 1913