First Commercial Bank v. Valentine
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, First Commercial Bank of Pontiac, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 5th day of December, 1913, sustaining a demurrer to the first and third causes of action set up in the amended complaint, with leave to plaintiff to amend upon payment of costs.
1Opinion of the Court
Laughlin, J.:
This is an action on an undertaking in replevin executed by the defendants as sureties. The undertaking was given in an action brought by the Welch Motor Car Company of Hew York against the P. Brady & Son Company to replevy two automobiles, and it is in the usual form. After the undertaking was given and the property replevied, the plaintiff herein, claiming to be the owner of the automobiles, was, as appears by the record of this court on an appeal in the replevin action, admitted as a party defendant on its application. The record on that appeal shows that the P. Brady & Son…
2Cases cited7 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Green v. . ClarkeNew York Court of Appeals · 1855
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Redmond v. Liverpool, New York & Philadelphia Steamboat Co.New York Court of Appeals · 1871
- First Commercial Bank v. . ValentineNew York Court of Appeals · 1913
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3Cited by2 opinions
- Benguiat v. Gotham National BankAppellate Division of the Supreme Court of the State of New York · 1941
- First Commercial Bank of Pontiac v. ValentineAppellate Division of the Supreme Court of the State of New York · 1914