Patterson v. Guardian Trust Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiffs, Edward J. Patterson and others, 'from, an interlocutory judgment- of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 4th day of November, 1910, upon the decision of the court, rendered after a trial at the Broome Special Term, sustaining the defendant’s demurrer to the complaint.
1Opinion of the Court
Sewell, J.:
The defendant interposed a demurrer to the complaint upon the ground that it does not- state facts sufficient to constitute a cause of action. The complaint alleges, among other things, that the Metropolitan Eeal Estate Improvement Company is a foreign corporation and that the defendant is a domestic corporation, having power under its charter to act as trustee under a mortgage; that on the 24th day of November, 1905, the Metropolitan Eeal Estate Improvement Company executed and delivered to the defendant, the trustee therein, a mortgage upon a tract of land in the city of Yonkers…
2Cases cited3 opinions
- King v. . TalbotNew York Court of Appeals · 1869
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- Davidge v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by7 opinions
- Hazzard v. Chase National BankNew York Supreme Court · 1936
- Marshall & Ilsley Bank v. Guaranty Investment Co.Wisconsin Supreme Court · 1934
- Welch v. Northern Bank & Trust Co.Washington Supreme Court · 1918
- Clark v. Tri-State Discount Co.Appellate Terms of the Supreme Court of New York · 1934
- Franceschi v. Corte de Distrito de PonceSupreme Court of Puerto Rico · 1933
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