First Commercial Bank v. . Valentine
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart-. ment, entered February 26, 1913, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer, The following questions were certified: “ 1. Do the facts alleged as a first cause of action in the amended complaint herein constitute a cause of action against the defendants ? 2. Do the facts alleged as…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart-. ment, entered February 26, 1913, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer, The following questions were certified: “ 1. Do the facts alleged as a first cause of action in the amended complaint herein constitute a cause of action against the defendants ? 2. Do the facts alleged as a third cause of action in the amended complaint herein constitute a cause of action against the defendants ? ” The…
1Opinion of the Court
Cullen, Ch. J.
As stated in the complaint the Welch Motor Car Company brought an action in July, 1908, against the P. Brady & Son Company to recover two automobiles in which action the plaintiff delivered to the sheriff of Hew York county the affidavit and undertaking required by sections 1694 to 1699 of the Code of Civil Procedure, with a requisition requiring him to replevy the said articles, a copy of which undertaking is attached to the complaint herein. It is further stated in the complaint that thereupon the sheriff did replevy said articles from the possession of the P. Brady & Son…
2Cases cited5 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- Green v. . ClarkeNew York Court of Appeals · 1855
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Manning, Bowman Co. v. . KeenanNew York Court of Appeals · 1878
3Cited by13 opinions
- Associates Discount Corp. v. GillineauMassachusetts Supreme Judicial Court · 1948
- Rogers v. . Atlantic, Gulf Pacific Co.New York Court of Appeals · 1915
- Gandy v. . CollinsNew York Court of Appeals · 1915
- Berger v. 34th Street Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Wallander v. BarnesCourt of Appeals of Maryland · 1996
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