Commercial Exchange Bank v. Woodward
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Commercial Exchange Bank, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1921, denying plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Laughlin, J.:
The action is to recover oyer on a judgment entered by the plaintiff under its former name (German Exchange Bank) against the defendant on the 5th day of January, 1910, on the defendant’s appearance and formal confession of judgment. *770. Plaintiff does not allege the issuance of execution on the judgment, but alleges that payment thereof has been demanded and that no payment has been made, and demands judgment for the amount of the former judgment and interest thereon from the date of the entry thereof and costs. The answer either has been drawn recklessly or without a proper…
2Cases cited1 opinion
- American Metal Co. v. NeumannAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by2 opinions
- A. A. Sutain, Ltd. v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1965
- Harmon National Real Estate Corp. v. EganNew York Supreme Court · 1930