Legal Opinion

Humboldt Exploration Co. v. Fritsch

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 1912PublishedCited by 3 opinions

Appeal by the plaintiff, the Humboldt Exploration Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 17th day of November, 1911, pursuant to an order made at the New York Special Term and entered in said clerk’s office on the 13th day of November, 1911, granting the defendant’s motion for judgment on the pleadings, and also from the said order upon which the judgment was entered.

1Opinion of the Court

Ingraham, P. J.:

The action was in replevin to recover from the defendant a certain promissory note in the defendant’s possession. The answer after a general denial, except as to the incorporation of the plaintiff, sets up two separate defenses. In the first defense the defendant alleges that he was on October 23, 1908, duly and regularly appointed by the Supreme Court of the State of New York receiver of the Greene Gold-Silver Company, a foreign corporation organized under the laws of West Virginia, in proceedings supplementary to execution and that the defendant duly qualified as such…

2Cases cited2 opinions

  1. Riggs v. . PursellNew York Court of Appeals · 1878
  2. Lipman v. Jackson Architectural Iron WorksNew York Court of Appeals · 1891

3Cited by3 opinions

  1. Dittenfass v. HorsleyAppellate Division of the Supreme Court of the State of New York · 1916
  2. Harding v. GaillardAppellate Division of the Supreme Court of the State of New York · 1917
  3. Seagrist v. ReidAppellate Division of the Supreme Court of the State of New York · 1916

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