Legal Opinion

Fairmount Film Corp. v. New Amsterdam Casualty Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1919PublishedCited by 6 opinions

Appeal by the plaintiff, Fairmount Film Corporation, from so much of 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 10th day of May, 1919, as overrules plaintiff’s demurrer to the first separate defense in the answer.

1Opinion of the Court

Laughlin, J.:

Plaintiff is a foreign corporation and brings this action against the defendant, a domestic corporation, on an undertaking on attachment given by defendant in an action brought here by one Burdick against the plaintiff, whereby defendant undertook that if the warrant of attachment should be vacated or if the defendant in the action, the plaintiff in this action, should recover judgment therein, said Burdick would pay all the costs that might be awarded to this plaintiff and all of the damages which it might sustain by reason of the attachment, not exceeding $250, which amount was…

2Cases cited8 opinions

  1. Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
  2. Thompson v. . BlanchardNew York Court of Appeals · 1850
  3. Bremer v. RingAppellate Division of the Supreme Court of the State of New York · 1911
  4. Hoevel Sandblast Machine Co. v. HoevelAppellate Division of the Supreme Court of the State of New York · 1915
  5. American Typefounders Co. v. ConnerNew York Court of Common Pleas · 1894

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In Re the Accounting of FraserNew York Court of Appeals · 1937
  2. Berkshire Engineering Corp. v. Scott-Paine, New York County Courts1961
  3. In re the Estate of ScheftelNew York Surrogate's Court · 1935
  4. In re the Judicial Settlement of the Account of Proceedings of FraserAppellate Division of the Supreme Court of the State of New York · 1937
  5. In re the Judicial Settlement of the Account of Proceedings of FraserAppellate Division of the Supreme Court of the State of New York · 1937

1 more not listed; retrieve them via the Exa API.

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