Imbrie v. D. Nagase & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, D. Nagase & Co., Ltd., from an order of the Supreme Court, made. at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 7th day of October, 1920, sustaining a demurrer to the third and fourth partial defenses, and to the first and second counterclaims, and dismissing the counterclaims.
1Opinion of the Court
Rich, J.:
Four causes of action are alleged in the complaint. The first is to recover the proceeds of a draft for $41,625 accepted *381and paid by plaintiffs’ assignor, the National Bank of South Africa, Ltd., for which it is alleged the bank has received no consideration. The second is to recover $5,660.59, a portion of a draft for $59,250, accepted and paid by it, for which it is alleged no consideration was received except $53,589.41. The third alleges a contract between defendant and Rothwell & Co., whereby defendant was to sell to the latter 3,000 cases, seventy-five pounds net landed weight…
2Cases cited5 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Frey & Son, Inc. v. E. R. Sherburne Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Benecke v. . HaeblerNew York Court of Appeals · 1901
- Benecke v. HaeblerAppellate Division of the Supreme Court of the State of New York · 1899
- National City Bank v. Partola Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by8 opinions
- Dulien Steel Products, Inc., of Washington v. Bankers Trust CompanyCourt of Appeals for the Second Circuit · 1962
- Kingdom of Sweden v. New York Trust Co.New York Supreme Court · 1949
- Gluck v. Seaboard Surety Co. (In Re Eastern Freight Ways, Inc.)United States Bankruptcy Court, S.D. New York · 1981
- E. E. Huber & Co. v. Lalley Light Corp.Michigan Supreme Court · 1928
- Caribbean Cruise Lines, Inc. v. Swiss Credit Bank, New York AgencyDistrict Court, S.D. New York · 1959
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