German Exch. Bank v. New Jersey & S. D. Brewing Co.
New York Court of Common Pleas
Appeal from special term. Two actions by the German Exchange Bank against the New Jersey & San Domingo Brewing Company and others on promissory notes. From an order in each case granting a motion for judgment on the answer of defendant Kroder as frivolous, said defendant appeals.
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Appeal from special term. Two actions by the German Exchange Bank against the New Jersey & San Domingo Brewing Company and others on promissory notes. From an order in each case granting a motion for judgment on the answer of defendant Kroder as frivolous, said defendant appeals. The complaint, and the answer of defendant Kroder, are as follows: “The plaintiff, by John Fennel, its attorney, complains and alleges, upon information and belief: (1) The plaintiff was at all the times hereinafter stated, and now is, a corporation duly organized under the laws of the state of New York; and the New…
1Opinion of the CourtBischoff, J.
These actions were brought upon respective prom- ' issory notes made by the defendant brewing company, and indorsed by the other defendants. A motion was made in each action for judgment upon the separate answer of the defendant Kroder and the joint answer of his codefendants, as frivolous; and the motion was granted as against defendant Kroder, who has taken these appeals. The pleadings are identical in each action, and may, practically, be considered as upon one appeal.
A point is made by the appellant that the complaint fails to disclose a cause of action as against him, and hence the…
2Cases cited5 opinions
- Munger v. . ShannonNew York Court of Appeals · 1874
- Cook v. . WarrenNew York Court of Appeals · 1882
- Youngs v. . KentNew York Court of Appeals · 1871
- Exchange Fire Insurance v. NorrisNew York Supreme Court · 1893
- National Broadway Bank v. SwiftNew York Supreme Court · 1891
3Cited by5 opinions
- Wait v. GetmanAppellate Division of the Supreme Court of the State of New York · 1898
- German Exch. Bank v. KroderNew York Court of Common Pleas · 1895
- Kirkbride v. WilgusNew York Supreme Court · 1902
- Kirkbride v. WilgusNew York Supreme Court · 1902
- Rosenberg v. HymanAppellate Terms of the Supreme Court of New York · 1903