General Fire Assurance Co. of Paris, France v. State Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, General Fire Assurance Company of Paris, France, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of June, 1916, sustaining demurrers to the complaint.
1Opinion of the Court
Dowling, J.:
The complaint herein sets forth eighteen causes of action against defendant, being three causes of action based on each of six instruments in writing for the payment of money, recovery thereon being predicated on the theories, first, of a breach of defendant’s express guaranty of prior indorsements in reliance upon which plaintiff accepted the instrument; second, of a breach of defendant’s implied guaranty as last indorser; and third, of a recovery of money paid under a mistake of fact.
Taking one of the instruments as an example of all, the complaint alleges, as a first cause of…
2Cases cited3 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Welsh v. . German American BankNew York Court of Appeals · 1878
- Bank of British North America v. Merchants' National BankNew York Court of Appeals · 1883
3Cited by18 opinions
- American Exchange National Bank v. Yorkville BankNew York Supreme Court · 1924
- Metropolitan Life Insurance v. San Francisco BankCalifornia Court of Appeal · 1943
- In re the Judicial Settlement of the Account of Proceedings of LofmarkNew York Surrogate's Court · 1928
- California Mill Supply Corp. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1950
- Druso v. Bank One of ColumbusOhio Court of Appeals · 1997
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