Bank of Italy v. Merchants National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Merchants National Bank, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 11th day of November, 1920, upon the decision of the court rendered after a trial at the Chautauqua Special Term, overruling the demurrer of the defendant to the amended complaint.
1Opinion of the Court
Hubbs, J.:
This is an appeal from an interlocutory judgment overruling a demurrer of the appellant to the respondent’s complaint. The respondent is a foreign corporation, engaged in business at San Francisco, Cal. The appellant is a national bank engaged in business in the city of Dunkirk. The complaint alleges that the Sanesi & Marón Company of Dunkirk, N. Y., bought of Silvio Rossi of San Francisco two carloads of dried grapes at the agreed price of $24,000; that said dried grapes were delivered to a railroad company at Fresno, Cal., for shipment to said purchaser at Dunkirk, N. Y.; that the…
2Cases cited4 opinions
- Brown v. . CurtissNew York Court of Appeals · 1849
- Frey & Son, Inc. v. E. R. Sherburne Co.Appellate Division of the Supreme Court of the State of New York · 1920
- First National Bank v. JonesNew York Court of Appeals · 1916
- Loos v. McCormackAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Everts v. MattesonCalifornia Supreme Court · 1942
- Pathe Exchange, Inc. v. Bray Pictures Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Fair Pavilions, Inc. v. First National City BankAppellate Division of the Supreme Court of the State of New York · 1965
- Portuguese American Bank of San Francisco v. Atlantic National BankAppellate Division of the Supreme Court of the State of New York · 1922
- Tuthill v. Union Savings BankNew York Supreme Court · 1988
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