Poillon v. . Lawrence
New York Court of Appeals
Appeal from. judgment of the General Term of the Superior Court of the city of ¡New York, affirming a judgment in favor of defendants, entered upon an order sustaining demurrer to plaintiff’s replies.
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Appeal from. judgment of the General Term of the Superior Court of the city of ¡New York, affirming a judgment in favor of defendants, entered upon an order sustaining demurrer to plaintiff’s replies. (Reported below, 11 J. & S. 385.) The complaint in this action alleged in substance that ' plaintiff was assignor of a judgment against Charles L. Lazarus and Elias Wolff; that said Lazarus is the defendant Charles L. Lawrence ; that the wife of said Lawrence, the other defendant, after the rendition of the judgment, took conveyances of certain premises described, the consideration therefor…
1Opinion of the CourtRapallo, J.
The allegations of the reply, which are necessarily admitted by the demurrer, show that the debt upon which this action is founded was contracted by the firm of C. L. Lazarus and Wolff, composed of Charles L. Lazarus and Elias Wolff, and judgment was recovered thereon against them by those names, in favor of plaintiff’s assignors. That until a few months before the commencement of this action neither plaintiff nor his assignors had any knowledge or notice of the change of name of C. L. Lazarus to Charles L. Lawrence, and that they had no notice of any of the proceedings in bankruptcy taken in…
2Cases cited9 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Amsinck v. BeanSupreme Court of the United States · 1875
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Batchelder v. LowSupreme Court of Vermont · 1871
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3Cited by11 opinions
- Erie Railroad Co. v. . StewardNew York Court of Appeals · 1902
- Engel v. . FischerNew York Court of Appeals · 1886
- Clarke v. StanwoodMassachusetts Supreme Judicial Court · 1896
- Engel v. FischerThe Superior Court of New York City · 1884
- In re SmithDistrict Court, N.D. Texas · 1929
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