N.Y. State Loan and Trust Co. v. . Helmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant Helmer, entered upon order reversing a judgment in favor of plaintiff, which was entered upon an order sustaining a demurrer to plaintiff’s complaint. The said order of General Term overruled the demurrer and directed judgment thereon for said defendant. (Reported below, 12 Hun, 35.) The substance of the pleadings is set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, in favor of defendant Helmer, entered upon order reversing a judgment in favor of plaintiff, which was entered upon an order sustaining a demurrer to plaintiff’s complaint. The said order of General Term overruled the demurrer and directed judgment thereon for said defendant. (Reported below, 12 Hun, 35.) The substance of the pleadings is set forth in the opinion. The act of plaintiff, although not expressly authorized to carry on the business of banking, i-n advancing the money on the notes in…
1Opinion of the CourtMiller, J.
This action is brought on two promissory notes made by the defendants, payable to their order and indorsed by them, which, it is alleged, were transferred, before they became due, to the plaintiff.
The demurrer to the answers of the defendant Helmer is upon the ground of insufficiency, in not stating facts which constitute a cause of action. The first answer alleges that the plaintiff was a corporation created by an act of the Legislature of this State, and that it had engaged in banking business in violation of the laws of the State ; that the notes in question were delivered to the plaintiff…
2Cases cited6 opinions
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Steam Navigation Co. v. WeedNew York Supreme Court · 1853
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
- Utica Insurance v. KipCourt for the Trial of Impeachments and Correction of Errors · 1827
- People v. BrewsterNew York Supreme Court · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Pratt v. . ShortNew York Court of Appeals · 1880
- Atlantic State Bank of Brooklyn v. SaveryNew York Court of Appeals · 1880
- State ex rel. Carroll v. Corning State Savings BankSupreme Court of Iowa · 1907
- State v. ReidSupreme Court of Missouri · 1894
- Meserole Securities Co. v. CosmanNew York Court of Appeals · 1930
23 more not listed; retrieve them via the Exa API.