Young v. Dresser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, D. Le Roy Dresser, from an interlocutory judgment of the Supreme' Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 6th day of December, 1909, upon the decision of the court,, rendered after a trial at the ISTew York Special Term, overruling the defendant’s demurrer to an amended and supplemental reply. ■
1Opinion of the Court
Clarke, J.:
The complaint is for the conversion of certain bonds and stock. The answer for a third separate and distinct defense sets up a discharge in bankruptcy. The reply to the said third separate and distinct defense alleges that the defendant obtained possession of the securities by fraud and false and fraudulent pretenses and representations. To. this portion of the reply the defendant demurs on the ground that it is insufficient in law on the face thereof, and the demurrer having been overruled, appeals.
It is conceded upon the briefs of both parties that the discharge in bankruptcy is…
2Cases cited5 opinions
- Crawford v. BurkeSupreme Court of the United States · 1904
- Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
- Frey v. . TorreyNew York Court of Appeals · 1903
- Tindle v. . BirkettNew York Court of Appeals · 1905
- William H. Frank Brewing Co. v. HammersenAppellate Division of the Supreme Court of the State of New York · 1897
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- Anderson v. SmitleyAppellate Division of the Supreme Court of the State of New York · 1910
- Phillips v. Manufacturers Trust Co.New York Supreme Court · 1940
- Swertz v. SwertzNew York Supreme Court · 1961
- Rosen v. RosenAppellate Division of the Supreme Court of the State of New York · 1943