Legal Opinion · Dissent

National Park Bank v. Billings

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

Decided May 19, 1911Published

Appeal by the defendant, Henry B. Billings, individually, 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 2d day of February, 1911, granting plaintiff’s motion for judgment on the pleadings against the said defendant.

1Dissent

McLaughlin, J. (dissenting):

Action to have a judgment for upwards of $29,000 against the defendant .Henry B. Billings, upon which an execution has been issued and returned unsatisfied, adjudged to be a lien upon his alleged interest in a trust fund created by the will of his father and for a sale thereof. He demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The plaintiff thereupon moved for judgment upon the pleadings. The motion was granted, with ten dollars costs, “with leave, however, to the said defendant upon payment of such…

2Cases cited6 opinions

  1. Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
  2. Fisher v. . GouldNew York Court of Appeals · 1880
  3. National Contracting Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1905
  4. Delmar v. Kinderhook Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1909
  5. Wise v. CohenAppellate Division of the Supreme Court of the State of New York · 1906

1 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API