A. L. Gosselin Corp. v. Mario Tapparelli fu Pietro of America, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mario Tapparelli fu Pietro of America, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of December, 1919, overruling the demurrer to the complaint and granting plaintiff’s motion for judgment on the pleadings, consisting of an amended complaint and the demurrer.
1Dissent
Laughlin, J. (dissenting):
The order is predicated on the sufficiency of the complaint for equitable relief to have it declared that the plaintiff is entitled to have certain bonds held by the defendant bank in escrow or in trust delivered to it or to have a lien thereon in its favor declared and foreclosed. Appellant contends *585that plaintiff has no title to or lien on the bonds and that the complaint merely shows an agreement to pay a debt with the bonds, which does not give plaintiff an equitable title or lien as it is not shown that there was such an application of the bonds to the payment…
Also in this document: Concurrence.
2Cases cited5 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Schoenherr v. . Van MeterNew York Court of Appeals · 1915
- Muller v. . KlingNew York Court of Appeals · 1913
- Lynch v. CongerAppellate Division of the Supreme Court of the State of New York · 1917
- Muller v. KlingAppellate Division of the Supreme Court of the State of New York · 1912