Warner v. James
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Thomas L. James and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office-of the clerk of the county of New York on the 3d day of March, 1904, denying the said defendants’ motion to require the plaintiff to make the amended complaint more definite and certain.
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Appeal by the defendants, Thomas L. James and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office-of the clerk of the county of New York on the 3d day of March, 1904, denying the said defendants’ motion to require the plaintiff to make the amended complaint more definite and certain. The action is brought by the plaintiff, who, for himself and as agent for other persons mentioned in the complaint, deposited funds with .the Anglo American Savings and Loap Association, which is now insolvent, to recover from the defendants, who are officers,…
1Opinion of the Court
Ingraham, J.:
We see no reason for interfering with the order of the court below except in one particular. By the 21st paragraph of the complaint it is alleged that in the spring of 1898 the plaintiff deposited with the defendants the sum of $2,600, and that he as agent for others made other deposits with the corporation,. specifying thé date of each deposit; that he decided to withdraw said deposits, and when about to serve a notice of such withdrawal upon the corporation he communicated to said corporation his decision and intention to withdraw said deposits, but was induced to refrain from…
2Cited by3 opinions
- Pigone v. LauriaAppellate Division of the Supreme Court of the State of New York · 1906
- Smith v. IrvinNew York Supreme Court · 1904
- Hooper v. City of New YorkNew York Supreme Court · 1916