Watertown Carriage Co. v. . Hall
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 24, 1902, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 24, 1902, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified, are stated in the opinion. The question certified is sufficient to enable this court to determine the validity of the judgment from which the appeal is taken. (Baxter v. McDonnell, 154 N. Y. 432; Schenck v. Barnes, 156 N. Y. 316; Blaschko v. Wurster, 156 N. Y. 437.) The…
1Opinion of the CourtO’Brien, J.
The complaint in this action alleged that the plaintiff, upon the day specified, was the owner and entitled to the immediate possession of the sum of sixty-five dollars in money, consisting of bills, bank notes and currency, but in what particular denominations the plaintiff was unable to more particularly state. That on the day named, prior to the commencement of the action, the defendant did fraudulently and unlawfully convert, misappropriate and embezzle said money; that before the commencement of the action the plaintiff duly demanded the aforesaid sum of money of the defendant, but the…
2Cases cited3 opinions
- Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
- Frey v. . TorreyNew York Court of Appeals · 1903
- Crawford v. BurkeIllinois Supreme Court · 1903
3Cited by3 opinions
- Lewis v. ShawAppellate Division of the Supreme Court of the State of New York · 1907
- Fechter v. PostelAppellate Division of the Supreme Court of the State of New York · 1906
- Wiesenthal v. KraneAppellate Division of the Supreme Court of the State of New York · 1929