Strauss v. St. Louis County Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph Strauss, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 6th day of January, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the plaintiff’s demurrer to the second, third and fourth separate defenses contained in the amended answer.
1Opinion of the Court
Ingraham, J.:
The action was brought against the defendant, a foreign banking corporation, organized under the laws of the State of Missouri. The. complaint alleges that on the 28th day of April, 1906, the defendant at the city of Clayton, Mo., for a valuable consideration delivered to one Class a certain draft or bill of exchange directed to the Mercantile Trust Company of St. Louis, requiring the said trust company to pay on demand to the order of Class $1,000; that prior to the 1st day of May, 1906, the said Class lost or destroyed the said draft and the same'could not be found and the same…
2Cases cited1 opinion
- Wiener v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Strauss v. St. Louis County BankAppellate Division of the Supreme Court of the State of New York · 1908