Bank of Cooperstown v. Corlies
New York Supreme Court
Appeal from an order striking out an answer as frivolous, and from the judgment for plaintiffs entered thereon. This action was brought by the Bank of Cooperstown against Joseph W. Corlies, Jr., Jonas G. Dudley, and Frederick Jacobson, survivors of the firm of Joseph W. Corlies & Co., and Lydia L., Joseph W., Alfred W. and Edward L. Corlies, executors, &c., of Joseph W. Corlies, deceased.
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Appeal from an order striking out an answer as frivolous, and from the judgment for plaintiffs entered thereon. This action was brought by the Bank of Cooperstown against Joseph W. Corlies, Jr., Jonas G. Dudley, and Frederick Jacobson, survivors of the firm of Joseph W. Corlies & Co., and Lydia L., Joseph W., Alfred W. and Edward L. Corlies, executors, &c., of Joseph W. Corlies, deceased. Tire allegations of the complaint were as follows: The above-named plaintiff, a corporation duly incorporated • or organized under article 5, of chapter 18, part 1, title 2, of the Revised Statutes of the…
1Opinion of the Court
By the Court.*—Balcom, J.
The complaint shows that the firm of Joseph W. Corlies & Co., were indebted to William M. Clinton for goods, wares, and merchandise, which the latter sold to the former : that Clinton drew on Corlies & Co. for the debt, after the death of Joseph W. Corlies; that the draft was accepted by the defendants, including the executors of the deceased member of the firm; and that Clinton afterwards endorsed the draft and transferred it to the plaintiff: that the survivors of the firm (who are made defendants), are, and each and every of them is, wholly and entirely…
2Cases cited10 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- McKyring v. . BullNew York Court of Appeals · 1857
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Trustees of the Leake & Watts Orphan House v. LawrenceNew York Court of Chancery · 1844
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