Bamberger v. Oshinsky

On demurrer- to a counterclaim defendants challenge the sufficiency of the complaint. People v. Booth, 32 N. Y. 397.

*717Plaintiff sues as assignee of an undertaking on appeal, and the point of objection to his pleading is that it shows in him no title to the undertaking. 'The alleged assignment was in July of a paper not executed till the following September. But, the assignment being also of “ any other undertaking to be given by the plaintiff herein,” took effect on the execution of such subsequent undertaking. Field v. City of New York, 6 N. Y. 179. “The title to the undertaking vested in…