Merchants' National Bank v. Pendleton
New York Supreme Court
Appeal from special term, Broome county. Two actions, respectively, brought by the Merchants’ National Bank of Binghamton, N. Y., and John Seacord, against Charles E. Pendleton and others, and a third action brought by Annie O’Hearn against Elizabeth Pearsall and others, wherein it was sought to hold defendants liable as partners in the Home Savings Bank. Defendants appeal from a judgment overruling their demurrers to the complaints.
1Opinion of the CourtMartin, J.
This was an appeal from an interlocutory judgment overruling a demurrer to the plaintiffs’ complaint. The ground of the demurrer was that the complaint did not state facts sufficient to constitute a cause of action. The complaints in these actions in substance alleged that on September 15, 1873, there was a bank instituted at South Waverly, Pa., which was conducted under the name of the “Home Savings Bank;” that it was organized by the election of a president, cashier, and board of directors; that the president was dead; that there was no treasurer; that the bank continued to ■do business…
2Cases cited10 opinions
- Planters' & Miners' Bank v. PadgettSupreme Court of Georgia · 1882
- First National Bank v. AlmyMassachusetts Supreme Judicial Court · 1875
- Central City Savings Bank v. . WalkerNew York Court of Appeals · 1876
- Merchants & Manufacturers' Bank v. StoneMichigan Supreme Court · 1878
- Fuller v. . RoweNew York Court of Appeals · 1874
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3Cited by4 opinions
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Williamson v. WagerAppellate Division of the Supreme Court of the State of New York · 1904
- Georgeson v. CaffreyNew York Supreme Court · 1893
- Taylor v. DinsmoreNew York Supreme Court · 1910