Legal Opinion

Delaware County National Bank v. King

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

Decided December 15, 1905PublishedCited by 3 opinions

■ Appeal "by tlie defendant, David Bennett King, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of June, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.

1Opinion of the Court

Clarke, J.:

The complaint alleges that the plaintiff is a foreign, corporation organized under the laws of the United States and engaged in *554business as a national bank, and that the defendant is a resident of this State; that at the city of New York on the 17th day of July, 1903, the Southern' Textile Company, a corporation, made, and delivered to plaintiff its promissory note for $28,000 with interest at six per cent, payable to the order of plaintiff at Chester, Pa., one-year after date; that simultaneously with the execution and delivery of said note, and to induce the plaintiff to accept…

2Cases cited5 opinions

  1. Calvo v. . DaviesNew York Court of Appeals · 1878
  2. Spofford v. . RowanNew York Court of Appeals · 1891
  3. Van Giesen v. . Van GiesenNew York Court of Appeals · 1852
  4. Town of Cherry Creek v. . BeckerNew York Court of Appeals · 1890
  5. Muzzy v. WhitneyNew York Supreme Court · 1813

3Cited by3 opinions

  1. Marine Trust Co. v. RichardsonNew York Supreme Court · 1939
  2. St. Louis Union Trust Co. v. StephensCourt of Appeals for the Fifth Circuit · 1941
  3. Ace Neon Corp. v. Griffin Construction Co.Court of Appeals of Georgia · 1947

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