Berney v. Drexel
New York Supreme Court
1Opinion of the CourtMacomber, J.
This is a demurrer by the defendants to the complaint of the plaintiffs. Three grounds of demurrer are stated, namely:
First. That the plaintiffs have not legal capacity to sue.
Second. That there is a defect of parties defendant.
Third. That the complaint does not state facts sufficient to constitute a cause of action.
The action is trover for the conversion of bonds of the United States of the value of $200,000. In such an action the allegation of ownership of personal property in the plaintiffs and the conversion of it by the defendants, coupled with actual damage, constitute a good cause of…
2Cases cited3 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
- Heine v. AndersonThe Superior Court of New York City · 1853