Kinney v. Reid Ice Cream Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph R. Kinney, from an interlocutory judgment of the Supreme Court in favor of the defendant, The-Reid Ice Cream Company, entered in the office of the clerk of the county of Kings on the 4th day of May, 1900, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling a demurrer interposed by the plaintiff to the amended answer of said defendant.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action as the assignee of the Bernard’s Pharmacy, a foreign corporation, upon an undertaking furnished by the respondent, the Reid Icé Cream Company, for the purpose of securing an attachment in an action brought by it against the Bernard’s Pharmacy. On motion this attachment was vacated and set aside, and the claim for damages alleged to have been sustained by the Bernard’s Pharmacy by reason of this attachment was assigned to the plaintiff, who commenced this action against the sureties mentioned in the said undertaking, William J. Weller and William…
2Cases cited2 opinions
- Hoskins v. WhiteMontana Supreme Court · 1893
- Mueller v. William F. Wall Rope Co.New York Supreme Court · 1897
3Cited by6 opinions
- Akwell Corp. v. EigerDistrict Court, S.D. New York · 1956
- United States F. G. Co. v. Seed L. Co.Arizona Supreme Court · 1931
- Halsey v. Henry Jewett Dramatic Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ballaine v. Alaska Northern Ry. Co.District Court, D. Alaska · 1917
- Caring People Mgt. Servs., LLC v. Assistcare Home Health Servs. LLCAppellate Division of the Supreme Court of the State of New York · 2018
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