Deiches v. Western Development Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maurice Deiches, as receiver, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of May, 1913, granting leave to the defendant to serve an amended answer, and directing that the other individuals composing the firm of Otto Heinze & Co. be brought into this action as additional parties defendant, and that the summons and complaint be amended…
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Appeal by the plaintiff, Maurice Deiches, as receiver, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 24th day of May, 1913, granting leave to the defendant to serve an amended answer, and directing that the other individuals composing the firm of Otto Heinze & Co. be brought into this action as additional parties defendant, and that the summons and complaint be amended accordingly, and that the plaintiff cause the same to be served upon them.
1Opinion of the Court
Laughlin, J.:
This is an action at law to recover $30,000 and interest on six promissory notes for $5,000 each, made by the defendant payable to its own order, which, it is alleged, the defendant indorsed and delivered for value before maturity to the -¿Etna Indemnity Company, of which the plaintiff is receiver.
The defendant interposed an answer containing a counterclaim for the cancellation of an agreement dated November 19, 1909, executed by and between the defendant as party of the first part, the .¿Etna Indemnity Company as party of the second part, and said copartnership firm of Otto…
2Cases cited3 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
- Long v. BurkeAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Deiches v. Western Development Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Ætna Explosives Co. v. BassickAppellate Division of the Supreme Court of the State of New York · 1917
- Ætna Explosives Co. v. BassickAppellate Division of the Supreme Court of the State of New York · 1917