Legal Opinion

Berney v. Drexel

New York Supreme Court

Decided June 15, 1882Published

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

  1. Pease v. . SmithNew York Court of Appeals · 1875
  2. M. T. Bank v. . F. M. Nat. BankNew York Court of Appeals · 1875
  3. Heine v. AndersonThe Superior Court of New York City · 1853

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