Rochester City Bank v. Suydam, Sage & Co.
New York Supreme Court
This is a motion in behalf of the defendants, to strike out or suppress the affidavit of the defendant Ely, annexed to the complaint, together with certain portions of the complaint itself.
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This is a motion in behalf of the defendants, to strike out or suppress the affidavit of the defendant Ely, annexed to the complaint, together with certain portions of the complaint itself. The facts so far as they are necessary to be stated, to present the point raised by the motion, are as follows: The Rochester City Bank and the plaintiff Lester, a banker in Rochester, had discounted during the spring and summer of 1850, bills drawn upon and accepted by the firm of Suydam, Sage & Co. of New York, amounting in the aggregate to $60,000 or upwards, which bills were all protested and returned…
1Opinion of the Court
Selden, Justice.
The facts relied upon to support the motion appear from the complaint itself, and the affidavit sought to be suppressed. They show that from the year 1843, up to the time *256of the commencement of this suit, Ely had been the general agent and attorney of the firm of Suydam, Sage & Co. to manage their property, collect their debts, and transact for them a very extensive and varied business in the western part of this state; that he prosecuted for them as attorney, during this time, a variety of suits, and recovered judgments to a large amount, and likewise defended suits brought…
2Cited by9 opinions
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- Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp.Ohio Supreme Court · 2010
- Koeber v. SomersWisconsin Supreme Court · 1901
- Gallagher v. WilliamsonCalifornia Supreme Court · 1863
- Avery v. LeeAppellate Division of the Supreme Court of the State of New York · 1907
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