National Bank of Deposit v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry P. Rogers-and others, as executors, etc., of Nathaniel P. Rogers, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20 th day of March, 1899, upon the decision of the court rendered after a trial at the New York Special Term, and also from the amended judgment entered in said clerk’s office on the 17th day of April, 1899.
1Opinion of the Court
Patterson, J. :
This action was commenced against John L. Sardy and John Bal'd Rogers, composing the firm of Sardy, Coles & Co., and Nathaniel P. Rogers. John Bard Rogers demurred to the original complaint, his demurrer was sustained and he disappeared from the action. Pending suit Nathaniel P. Rogers died, and the executors of his will were substituted as defendants in his place.
When the cause was before us on a former appeal (1 App. Div. 623), it came up as an action in replevin, in which the plaintiff had recovered a judgment. That judgment was reversed for the reason that under the proofs,…
2Cases cited6 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Cochran v. ReichNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1908