Manhattan Storage & Warehouse Co. v. Benguiat Art Museum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Manhattan Storage and Warehouse Company, from an interlocutory judgment of the Supreme Court in favor of the defendant Benguiat Art Museum, entered in the office of the clerk of the county of New York on the 14th day of November, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the said defendant’s demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an interlocutory judgment sustaining a demurrer to a complaint in an action of interpleader on the *197ground that it does not state facts sufficient to constitute a cause of action.
The complaint alleges, in substance, that the plaintiff is a warehouseman, and as such has on storage certain personal property, consisting of rugs, antiques, embroideries and other works of art, inclosed in boxes and barrels; that the property was deposited with it by one H. Ephraim Benguiat and Mordecai Benguiat; that subsequent thereto the defendant Benguiat Art Museum claimed to…
2Cases cited1 opinion
- Beebe v. MeadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Rosenberg v. P. Viane, Inc.New York Supreme Court · 1919