Wembach Corp. v. Emigrant Industrial Savings Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
The complaint herein purports to set forth two causes of action. Plaintiff claims that the first sounds in trespass, and the second in conversion. Special Term designated the first cause of action one for conversion, and the second one for damages for the wrongful detention of personal property.
Irrespective of the proper nomenclature to be applied, we think that neither of the causes pleaded is sufficient to constitute a cause of action.
*162The facts set forth in the first cause of action are as follows: that plaintiff, a domestic corporation, was the owner and entitled to immediate possession of…
2Cases cited7 opinions
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Bradley v. RoeNew York Court of Appeals · 1940
- Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902
- Passaic Falls Throwing Co. v. Villeneuve-Pohl Corp.Appellate Division of the Supreme Court of the State of New York · 1915
- Corn Exchange Bk. of Chicago v. . BlyeNew York Court of Appeals · 1886
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3Cited by4 opinions
- Regions Bank v. Wieder & Mastroianni, P.C.District Court, S.D. New York · 2007
- Hatton v. Quad Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- First Finance Co. v. RossAppellate Court of Illinois · 1966
- In Re Koula Enterprises, Ltd.United States Bankruptcy Court, E.D. New York · 1996