Naser v. . First National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of the plaintiffs, entered on decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor of the plaintiffs, entered on decision of the court on trial without a jury. This action was brought by leave of the court to recover, for application upon a judgment in favor of plaintiff Naser against Deneken & Co., the amount of a claim alleged to have been collected by the defendant for Deneken & Co., and upon which it is also alleged that an attachment, issued in the action in which such judgment was recovered,…
1Opinion of the CourtBradley, J.
The motion to dismiss the complaint upon the ground that it failed to state facts sufficient to constitute a cause of action was properly denied. It alleges that the .defendant had in its possession and control the claim or demand against Haser, belonging to Deneken & Co.; and that by their directions it had been sent through their agents, McCulloch & Co., to the defendant; that it received for Deneken & Co. the amount of it, and that immediately thereafter, and while the sum collected was in its possession, the attachment was levied.
The averments as to the levy were that the sheriff “ did…
2Cases cited12 opinions
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hoover v. WiseSupreme Court of the United States · 1876
- Green v. . RoworthNew York Court of Appeals · 1889
- Montgomery County Bank v. . Albany City BankNew York Court of Appeals · 1852
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- Bank of Clarke County v. GilmanNew York Supreme Court · 1894
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