Gansevoort Bank v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire State Surety Company, from an interlocutory judgment cf the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 29th day of October, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint;
1Opinion of the Court
McLaughlin, J.:
The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The. demurrer was overruled, and defendant' appeals from-the interlocutory judgment.
One Newman, according to the allegations of the complaint, applied to the- plaintiff for a loan of $5,000-,. upon his promissory-note for that amount, payable four months after date. The plaintiff declined to make the loan without additional security, and there- . upon the bond of the defendant was delivered to the plaintiff and the loan made. The note was not paid when…
2Cited by3 opinions
- Hedges v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1915
- Berger v. Urban Motion Picture Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Rosenthal v. RubinAppellate Division of the Supreme Court of the State of New York · 1911