American Exchange National Bank v. Goubert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The American Exchange National Bank, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the .office of the clerk of the county of New York on the 17th day of July, 1909, upon the decision of the court, rendered after a trial at the New York Special Term, sustain-. ing the defendants’ demurrer to the complaint on the ground that it fails to state facts sufficient to-- constitute a cause of action.
1Opinion of the Court
Laug-hlin, J.:
The plaintiff, attempted in the complaint to allege two separate causes of action. The first count is on an undertaking given by the defendant Goubert, as principal, and the defendant surety company, as surety, in an action in the Supreme Court by Goubert against the plaintiff to recover 100.— stated hi the order pursuant to which the undertaking was given to be 400 — shares of the capital stock and the certificate therefor of the Goubert Manufacturing Company which the defendant in that action, -the plaintiff in this, claimed to hold as collateral security for the. payment of…
2Cases cited7 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Allen v. . PattersonNew York Court of Appeals · 1852
- Toles v. . AdeeNew York Court of Appeals · 1881
- Waldron v. . WillardNew York Court of Appeals · 1858
- Sonneborn v. . LibbeyNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sheridan County Electric Co-Op., Inc. v. FergusonMontana Supreme Court · 1951
- American Exchange National Bank v. GoubertNew York Court of Appeals · 1914
- Witbeck v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Bolton v. ThacherNew York Supreme Court · 1926
- American Exchange National Bank v. GoubertNew York Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.