Gilbert v. Mechanics & Metals National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mechanics and Metals National Bank of the City of New York, 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 17th day of January, 1916, denying defendant’s motion to compel plaintiff to reply to the first defense pleaded in the answer.
1Opinion of the Court
Laughlin, J.:
This is an action brought by the general assignee for the benefit of creditors of Alessandro Bolognesi and Aldo Bolognesi, who were engaged in business under the name of A. Bolognesi & Co., to recover the balance of their deposit account with the defendant on the 13th day of February, 1914, the day when the assignment was made. In the defense to which the defendant desires a reply, it is alleged that on the 12th day of March, 1914, or one month after the general assignment, a petition in bankruptcy was filed against the assignors, and thereafter and on the twenty-third day of…
2Cases cited4 opinions
- Bryan v. BernheimerSupreme Court of the United States · 1901
- In re the Assignment of GrayAppellate Division of the Supreme Court of the State of New York · 1900
- Hahlo v. ColeAppellate Division of the Supreme Court of the State of New York · 1906
- Pearsall v. Nassau National BankAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Melnick v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1927
- Weiss v. KanarekNew York Supreme Court · 1930