Empire State Surety Co. v. Nelson
Appellate Division of the Supreme Court of the State of New York
Appeal by-the plaintiff, the Empire -State Surety Company, from a- judgment of -the Municipal Court of the city of blew York, borough of Brooklyn, in favor of the defendant, rendered on the 29th day of June, 1910, sustaining the defendant’s demurrer to the amended complaint upon the ground that the court did not have jurisdiction of the cause of action.
1Opinion of the Court
High, J.:
The defendant by his demurrer admits that' one Daniel F. Doherty, special guardian of plaintiff’s assignors, paid his personal debt, amounting to $169.95, not connected in any manner with his guardianship or the estate of the infants he represented, to.the ■ defendant with the money coming-Into his hands as such guardian, the defendant knowing at the time he received such payment that it was made from guai dia-nship funds, and that such guardian never accounted to the infant's, or paid over the money lie liad so wrongfully and without' authority paid to the defendant. These facts…
2Cases cited9 opinions
- Roberts v. . ElyNew York Court of Appeals · 1889
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Fellows v. . LongyorNew York Court of Appeals · 1883
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Weston v. . BrownNew York Court of Appeals · 1899
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3Cited by6 opinions
- Bankers Trust Co. v. Hale & Kilburn CorporationCourt of Appeals for the Second Circuit · 1936
- Empire State Surety Co. v. CohenNew York Supreme Court · 1916
- Hoberg v. SofranscyAppellate Division of the Supreme Court of the State of New York · 1926
- Tonges v. Vanderveer Canarsie Improvement Syndicate, Inc., New York County Courts1914
- Moak v. Twenty-Third Ward BankNew York Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.