Manufacturers' & Builders' Bank v. Kiersted
New York Court of Common Pleas
Appeal by defendant from a judgment of the Marine Court of the city of New York. The facts are stated in the opinion.
1Opinion of the CourtBobinson, J.
The return of the Marine Court shows that -on an appeal by plaintiff to the general term thereof, from an order entered on their motion to strike out a demurrer to the •complaint as frivolous, and denying the same, such general term, on the 28th day of April, 1874, ordered “that said order appealed from be reversed with $10 costs, and that plaintiff have judgment on account of the frivolousness of the demurrer, with leave to defendants to serve answer within ten days from service of this order, on payment of ten dollars costs of this appeal, and ten dollars costs of the motion in the court…
2Cases cited2 opinions
- The Hollister Bank of Buffalo v. . VailNew York Court of Appeals · 1857
- Leland v. SmithNew York Court of Common Pleas · 1870
3Cited by1 opinion
- Merceron v. FowlerNew York Court of Common Pleas · 1880