Legal Opinion

The People v. . McCumber

New York Court of Appeals

Decided December 5, 1858PublishedCited by 43 opinions

Appeal from the Supreme Court.' The complaint states that on the 18th of April, 1857, “ The Chemung County Bank,” located at Horseheads, was designated by the canal board, according to the statute, to receive the deposits of canal tolls collected at that place; that on the 27th of April, 1857, the said bank, by its president, William T. Hastings, and its cashier, entered into a contract with the plaintiff, a copy of which is annexed to the complaint; that on the day last…

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Appeal from the Supreme Court.' The complaint states that on the 18th of April, 1857, “ The Chemung County Bank,” located at Horseheads, was designated by the canal board, according to the statute, to receive the deposits of canal tolls collected at that place; that on the 27th of April, 1857, the said bank, by its president, William T. Hastings, and its cashier, entered into a contract with the plaintiff, a copy of which is annexed to the complaint; that on the day last aforesaid, the defendant, in pursuance of the statute, executed and delivered to the plaintiff their bond, whereby they…

1Opinion of the CourtStrong, J.

This appeal brings up for review only the order made upon special motion, no other questions than those involved in the order having been raised or actually determined in the court below. •

The order strikes out the several defences in the answer— the first as sham and irrelevant, the second and third as frivolous—and directs that the plaintiffs have judgment for the amount claimed in the complaint.

The first defence consists of denials of knowledge or information sufficient to form a belief as to several matters alleged in the complaint, and of a single matter not alleged; and a qualified…

2Cases cited2 opinions

  1. Mier v. CartledgeNew York Supreme Court · 1850
  2. Brewster v. HallNew York Supreme Court · 1826

3Cited by43 opinions

  1. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  2. Dwan v. MassareneAppellate Division of the Supreme Court of the State of New York · 1922
  3. Tynan v. WalkerCalifornia Supreme Court · 1868
  4. Wayland v. . TysenNew York Court of Appeals · 1871
  5. Hanna v. MitchellAppellate Division of the Supreme Court of the State of New York · 1922

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