Legal Opinion
Metropolitan Savings Bank v. Tuttle
New York Court of Appeals
Decided June 10, 1943PublishedCited by 28 opinions
1Opinion of the CourtConway, J.
This is an appeal, by permission of the Appellate Division, First Department, from an order of that court affirming an order denying a motion to dismiss the complaint under rule 106, subdivision 5, of the Buies of Civil Practice on the ground that it appeared on the face thereof that it did not state facts sufficient to constitute a cause of action. The Appellate Division has certified the following question: “ Does the complaint herein state facts sufficient to constitute a cause of action? ”
The complaint alleges that one Sohmer gave his bond dated December 10, 1923, to plaintiff in the sum…
2Cases cited7 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- O'Brien v. . YoungNew York Court of Appeals · 1884
- People Ex Rel. Doscher v. . SissonNew York Court of Appeals · 1918
- Klinke v. SamuelsNew York Court of Appeals · 1934
- Ferris v. . HardNew York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sterling National Bank and Trust Co. Of New York v. Fidelity Mortgage InvestorsCourt of Appeals for the Second Circuit · 1975
- Joyce Halling and Medcon Inc., a Utah corporation v. David A. Yovanovich and Ornella Dalla BonaWyoming Supreme Court · 2017
- Gizzi v. HallAppellate Division of the Supreme Court of the State of New York · 2003
- Stull v. Joseph Feld, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- Kaiser v. FishmanAppellate Division of the Supreme Court of the State of New York · 1992
23 more not listed; retrieve them via the Exa API.