Calumet & Hecla Mining Co. v. Equitable Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Calumet and Hecla Mining Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of August, 1918, denying its motion to overrule the demurrer of the defendant Acme Steamship Company, and sustaining said demurrer on the counter motion of the respondent.
1Opinion of the Court
Laughlin, J.:
We are of opinion that the Acme Steamship Company was improperly joined as a party defendant and had no standing to interpose a demurrer and that the court on the hearing should have stricken it out as a party defendant, pursuant to the authority conferred by section 723 of the Code of Civil Procedure, although no motion to that effect was made.
The action is to recover as for money had and received the sum of $57,020.48, together with interest thereon, being the amount of a check alleged to have been delivered by the plaintiff to the defendant the Equitable Trust Company and…
2Cases cited4 opinions
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
- De Witt v. Abraham Bros. Horse & Mule Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Messler v. Schwarzkopf & Dorer (Ltd.)New York Supreme Court · 1901
- Bannerman v. QuackenbushNew York Court of Common Pleas · 1885
3Cited by2 opinions
- Hoff v. Mercogliano Bros.Appellate Division of the Supreme Court of the State of New York · 1933
- Stikeman v. Whitman, Requardt & SmithAppellate Division of the Supreme Court of the State of New York · 1947