Fifth-Third National Bank v. Hudson Refrigerator Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Fifth-Third National Bank of Cincinnati against the Hudson Refrigerator Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGuy, J.
The action is to recover on a promissory note made by a corporation. The complaint alleges that after maturity the maker (not a party to the action) transferred all its assets to the defendant corporation, and that in consideration thereof the defendant corporation assumed to pay all the debts and liabilities of the maker. After *169answer filed, the plaintiff, under section 1778 of the Code, moved for and obtained judgment on the ground that the defendant had not procured a special order directing a trial of the issues.
The court erred in granting the motion. The statute invoked cannot be…
2Cases cited2 opinions
- Shorer v. Times Printing & Publishing Co.New York Court of Appeals · 1890
- Tautphoeus v. Harbor & Suburban Building & Savings Ass'nAppellate Division of the Supreme Court of the State of New York · 1904