Klein v. Mechanics & Traders Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the' defendants, the Mechanics and Traders Bank and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 23d day of December, 1910, upon the decision of the court rendered after a trial at the Kings County Special Term, and also from an order entered in said clerk’s office on the 22d day of December, 1910, granting the plaintiffs’ motion to amend the complaint.
1Opinion of the Court
Woodward, J.:.The- cause, .of- action' alleged in the complaint is that the Union Bant of Brooklyn was absorbed or. merged in the Mechanics and Traders Bank, the latter assuming all of the obligations of the former; that on or about December 15, 1905, the plaintiffs entered into a contract in writing with the defendant .William R. Pearce, a copy of which contract, under seal, is annexed as Exhibit A of the complaint; that said Pearce Was at 'all the times mentioned in the complaint an employee of the defendant bank, and made and entered into the contract, set forth in the complaint as the…
2Cases cited4 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Spencer v. . HuntingtonNew York Court of Appeals · 1905
- Porter v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1910
- Klein v. Mechanics & Traders' BankNew York Supreme Court · 1910
3Cited by3 opinions
- Byrne v. McDonoughNew York Supreme Court · 1921
- Fairchild v. Scarsdale EstatesAppellate Division of the Supreme Court of the State of New York · 1915
- In re People's Surety Co. of New York for Voluntary DissolutionNew York Supreme Court · 1913