William Ottmann & Co. v. Hoffman
New York Court of Common Pleas
Appeal from city court, general term. Action by William Ottmann & Co., a corporation, against Joseph E. Hoffman, as a trustee of the Importers’ & Traders’ Club, a corporation, to recover a debt due from the corporation to plaintiff pursuant to the provisions of section 8 of chapter 228 of the Laws of 1877. From a judgment of the city court (26 N. Y. Supp. 881) affirming a judgment overruling a demurrer to the complaint and awarding to plaintiff the relief demanded therein,…
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Appeal from city court, general term. Action by William Ottmann & Co., a corporation, against Joseph E. Hoffman, as a trustee of the Importers’ & Traders’ Club, a corporation, to recover a debt due from the corporation to plaintiff pursuant to the provisions of section 8 of chapter 228 of the Laws of 1877. From a judgment of the city court (26 N. Y. Supp. 881) affirming a judgment overruling a demurrer to the complaint and awarding to plaintiff the relief demanded therein, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
By the express provisions of the constitution of this state (article 4, § 9), acts of the legislature approved by the governor become effective as laws only upon such approval (Suth. St. Const. § 104); and whenever, in the ascertainment of the rights and obligations of parties, such becomes material, courts may inquire into the precise time when the several laws took effect. Louisville v. Portsmouth Sav. Bank, 104 U. S. 469. In the case last cited Mr. Justice Harlan observed that—
“Courts may, when substantial justice requires it, ascertain the precise hour when a statute took effect by the…
2Cases cited22 opinions
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
- Gardner v. CollectorSupreme Court of the United States · 1868
- Matter of Estate of PrimeNew York Court of Appeals · 1893
- Louisville v. Savings BankSupreme Court of the United States · 1881
- Walnut v. WadeSupreme Court of the United States · 1881
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3Cited by7 opinions
- Lewis v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1897
- Bank of the Metropolis v. FaberAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Cherry v. GravesAppellate Division of the Supreme Court of the State of New York · 1927
- Lanni v. GrimesNew York Supreme Court · 1940
- Bank of the Metropolis v. FaberAppellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.