Legal Opinion
Perth Amboy National Bank v. Brodsky
District Court, S.D. New York
Decided June 30, 1960PublishedCited by 2 opinions
1Opinion of the Court
DIMOCK, District Judge.
Defendants move under Rule 12 (b) (6) F.R.Civ.P. to dismiss the complaint on the ground that it fails to state a claim on which relief can be granted. The action is one by plaintiff bank to set aside an unexpired lease which it made. The basis of the plea for setting aside the lease is the allegation that its execution was ultra vires. Defendants assume for the purposes of the motion that plaintiff is correct in its claim that the making of the lease was ultra vires but they raise the point that the bank has no standing to maintain the action. In other words they say,…
2Cases cited12 opinions
- McCormick v. Market BankSupreme Court of the United States · 1897
- Thompson v. Saint Nicholas National BankSupreme Court of the United States · 1892
- Kerfoot v. Farmers' and Merchants' BankSupreme Court of the United States · 1910
- Brown v. SchleierCourt of Appeals for the Eighth Circuit · 1902
- Brown v. SchleierSupreme Court of the United States · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lesser v. A-Z Associates (In Re Lion Capital Group)United States Bankruptcy Court, S.D. New York · 1984
- Perth Amboy National Bank v. BrodskyDistrict Court, S.D. New York · 1962