Legal Opinion
Spaulding v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1924PublishedCited by 21 opinions
1Opinion of the Court
Crouch, J.:
Motion to dismiss complaint upon two grounds: First, that it does not state facts sufficient to constitute a cause of action; and second, that there is a defect of parties plaintiff.
The complaint alleges that plaintiff was at all times therein mentioned, and still is, the owner of, and entitled to possession of, a certain check, made on or about February 23, 1923, wherein and whereby the Mutual Life Insurance Company of New York required the defendant to pay to the order of Russell Spaulding and Lucile B. Spaulding, the plaintiff herein, the sum of $1,287.09; that the value thereof…
2Cases cited4 opinions
- Graves v. . the American Exchange BankNew York Court of Appeals · 1858
- Burstein v. People's Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- First National Bank v. StalloAppellate Division of the Supreme Court of the State of New York · 1914
- Salomon v. State BankNew York Supreme Court · 1899
3Cited by21 opinions
- General Motors Acceptance Corp. v. Abington Casualty InsuranceMassachusetts Supreme Judicial Court · 1992
- Carruthers v. Jack Waite Mining Co.New York Court of Appeals · 1953
- Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
- Hutzler v. Hertz Corp.New York Court of Appeals · 1976
- Hillsley v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1965
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