National Bank of Deposit v. . Rogers
New York Court of Appeals
Appeal from a final judgment of the Supreme Court, entered in favor of plaintiff October 23, 1900, upon an order of the Appellate Division in the first judicial department, affirming an interlocutory judgment entered upon a decision of the court on trial at Special Term.
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Appeal from a final judgment of the Supreme Court, entered in favor of plaintiff October 23, 1900, upon an order of the Appellate Division in the first judicial department, affirming an interlocutory judgment entered upon a decision of the court on trial at Special Term. The action was originally brought against John L. Sardy and J. Bard Rogers, copartners, composing the firm of Sardy, Coles & Co., and Nathaniel P. Rogers, their assignee, to recover the possession of certain merchandise which the complaint alleged Sardy, Coles & Co. had pledged to the plaintiff to secure the payment of their…
1Opinion of the CourtLandon, J.
The defendants’ exceptions raise the question whether the complaint states a cause of action, and, if these exceptions he sustained, whether the trial court erred in postponing their motion to dismiss the complaint and meantime receiving, notwithstanding the defendants’ objections, evidence in proof of facts material to a cause of action, and then directing the complaint to be amended to conform to the proofs.
There is no allegation in the complaint that the demand note had not been paid, and this objection is presented by the defendants’ exceptions. The note was in these words:
“ $3,000. New…
2Cases cited13 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Parshall v. . EggertNew York Court of Appeals · 1873
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1908
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- Union Trust Co. of Maryland v. TownshendCourt of Appeals for the Fourth Circuit · 1939
23 more not listed; retrieve them via the Exa API.