Casserly v. . Witherbee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order-made March 28,1888, which affirmed a judgment sustaining a demurrer to the complaint, entered upon an order of Special Term. The nature of the action and the material facts are stated in the opinion. The demurrer can only be-sustained if, upon the facts alleged and admitted, the plaintiff is not entitled to any relief.
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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order-made March 28,1888, which affirmed a judgment sustaining a demurrer to the complaint, entered upon an order of Special Term. The nature of the action and the material facts are stated in the opinion. The demurrer can only be-sustained if, upon the facts alleged and admitted, the plaintiff is not entitled to any relief. (Emery v. Pease, 20 N. Y. 62 Hale v. O. H. Bank, 49 id. 626; Marie v. Garrison, 83 id. 14; Kingsland v. Stokes, 25 Hun, 107; Pierson v. McCurdy, 61 How. Pr.…
1Opinion of the CourtEabl, J.
In his complaint the plaintiff alleges that in June, 1887, in an action in the Supreme Court against the Port Henry Steel and Iron Company, limited, he was duly appointed the permanent receiver of that company; that he duly qualified and was then acting as such; that the defendants were copartners in business, and during the year 1886 the iron company became indebted to them in the sum of $17,086.84; that on the tenth day of August in that year it executed to them chattel mortgages on “ all buildings, machinery, erections, tools, fixtures and appliances, hoisting engine and all machinery and…
2Cases cited8 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Charter v. StevensNew York Supreme Court · 1846
- Bragelman v. . DaueNew York Court of Appeals · 1877
- Beach v. . CookeNew York Court of Appeals · 1863
- Coe v. . CassidyNew York Court of Appeals · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Peter Barrett Manufacturing Co. v. RonkNew York Court of Appeals · 1914
- Zebley v. Farmers' Loan & Trust Co.New York Court of Appeals · 1893
- Wolf v. Aero Factors CorporationDistrict Court, S.D. New York · 1954
- Cody v. First National BankAppellate Division of the Supreme Court of the State of New York · 1901
20 more not listed; retrieve them via the Exa API.