Cohen v. American Surety Co. of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 25. 1908, which reversed a judgment of Special Term sustaining a demurrer to and dismissing the complaint, and overruled such demurrer. The nature of the action, the facts, so far as material, and tile questions 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 first judicial department, entered January 25. 1908, which reversed a judgment of Special Term sustaining a demurrer to and dismissing the complaint, and overruled such demurrer. The nature of the action, the facts, so far as material, and tile questions certified are stated in the opinion. The trustee in bankruptcy is a person occupying a position in hostility to the assignment under bankruptcy proceedings which have destroyed the assignment. The surety, therefore, is not bound to respond to any orders…
1Opinion of the CourtChase, J.
The defendant demurred to the plaintiff’s complaint upon two grounds : “ 1. Because it appears upon the face of said complaint that the plaintiff has not legal capacity to sue. * * * 2. Because it appears upon the face of said complaint that the complaint does not state facts sufficient to constitute a cause of action.”
The demurrer having been overruled by the Appellate Division of the Supreme Court and an interlocutory judgment having been entered in favor of the plaintiff, an appeal is taken by the defendant to this court by permission of the Appellate Division and the following questions…
2Cases cited11 opinions
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Bryan v. BernheimerSupreme Court of the United States · 1901
- Jaquith v. RowleySupreme Court of the United States · 1903
- Hicks v. KnostSupreme Court of the United States · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hastings v. H. M. Byllesby & Co.New York Court of Appeals · 1941
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Rinehart v. Hasco Building Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Whittlesey v. Becker & Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1909
5 more not listed; retrieve them via the Exa API.