J. W. O'Bannon Co. v. Curran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James M. Curran, from an interlocutory judgment of the Supreme Court in favor of' the plaintiff, entered in the office of the clerk of the county of Hew York on the 21st day of May, 1908, upon the decision of the court, rendered after a trial at the ¡New York Special Term, overruling the defendant’s demurrer.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an interlocutory judgment overruling a demurrer to the second and. third causes of action set forth in the complaint. In each case the demurrer was upon the ground that the facts stated did not constitute a cause of action. The second cause of action alleged is to recover upon a promissory note made by the James Freeman Brown Company, a domestic corporation, dated' October 12, 1903, and payable three months after date to the plaintiff at 73 Franklin street, ¡New York. It is alleged in substance, with reference to this cause of action, that the defendant…
2Cases cited3 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Smith v. . MillerNew York Court of Appeals · 1873
- Moore v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by21 opinions
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Kolkman v. Manufacturers' Trust Co.Court of Appeals for the Second Circuit · 1928
- Goldstein v. Brastone Corp.Appellate Division of the Supreme Court of the State of New York · 1938
- Jones v. Board of Education of Union Free School District No. 1Appellate Division of the Supreme Court of the State of New York · 1934
- Mercer v. Hydrocarbon Converter Co.Appellate Division of the Supreme Court of the State of New York · 1923
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