Birdseye v. Smith
New York Supreme Court
APPEAL from an order of Judge Bacon, requiring the plaintiff to elect upon and for which of two causes of action set forth in the complaint he would proceed.
1Opinion of the Court
By the Court,
Allen, J.
The two counts in the complaint are upon the same written agreement or promissory note of the defendant. The action is brought by the plaintiff as receiver of the Utica Insurance Company, an insolvent and dissolved corporation. The first count is upon the note of the defendant, given to the company, alleging it to have been executed and delivered to the company as and for a part of its capital stock; and the second count is upon the same note, alleging it to have been given for the premium upon a policy of insurance and as an agreement to contribute ratably to the losses…
2Cases cited6 opinions
- Nathan v. LouisianaSupreme Court of the United States · 1850
- Davis v. Police Jury of the Parish of ConcordiaSupreme Court of the United States · 1850
- Lambert v. GhiselinSupreme Court of the United States · 1850
- St. John v. PierceNew York Supreme Court · 1856
- Linden & Fritz v. HepburnThe Superior Court of New York City · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Manders v. CraftColorado Court of Appeals · 1893
- Bell v. ShibleyNew York Supreme Court · 1861
- Sheldon v. AdamsNew York Supreme Court · 1863
- Ross v. CarrNew Mexico Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.