State Bank v. Napier
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The State Bank of Pike, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Wyoming on the 31st day of January, 1899, upon the dismissal of the complaint as to all the ■ defendants, except the defendant Adams, by direction of the court after a trial before the court without a jury at the Erie Trial Term.
1Opinion of the Court
Hardin, P. J. :
On the 12th day of April, 1892, the parties entered into a written agreement which is set out in the pleadings. In that agreement the defendants agreed to transfer to the plaintiff all their business, with substantially all the assets belonging thereto. In consideration of such transfer the plaintiff agreed to assume, become responsible for and pay upon demand all the debts and obligations then owing by the defendants’ said firm, as shown upon its books at the close of business on the 11th day of April, 1892.
It is found by the trial judge in the 4th finding, viz.: “ That all…
2Cases cited1 opinion
- Fordham v. . Gouverneur VillageNew York Court of Appeals · 1899
3Cited by2 opinions
- Todd v. ConnerSupreme Court of Georgia · 1964
- Jarvie v. ArbuckleAppellate Division of the Supreme Court of the State of New York · 1914