Casey v. Pilkington
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, The Lincoln National Bank of the City of New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of December, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the said defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Woodward, J.:
The Lincoln National Bank, as one of the defendants in this action, interposed a demurrer to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action against it. The demurrer has been overruled, and the Lincoln National Bank appeals from the interlocutory judgment entered.
The action is brought upon the theory that the Lincoln National Bank has converted to its use the avails of certain negotiable tax warrants and orders, amounting to $29,182.33, issued by the city of New York in 1898 and 1899 to the order of plaintiff’s intestate…
2Cases cited4 opinions
- Comstock v. . HierNew York Court of Appeals · 1878
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- Bradley v. RootNew York Court of Chancery · 1836
- Carver v. . CrequeNew York Court of Appeals · 1872
3Cited by2 opinions
- Carnegie Trust Co. v. Battery Place Realty Co.New York Supreme Court · 1910
- Carnegie Trust Co. v. Battery Place Realty Co.Appellate Terms of the Supreme Court of New York · 1910