Musco v. . United Surety Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1909, which reversed a judgment of Special Term overruling a demurrer to the answer and dismissing the complaint and sustained said demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1909, which reversed a judgment of Special Term overruling a demurrer to the answer and dismissing the complaint and sustained said demurrer. The following question was certified : “ Does the plaintiff's complaint set forth facts sufficient to constitute a cause of action ? ” The action was brought to recover on a bond executed by one Ferrara as principal and the appellant as surety pursuant to the provisions of chapter 185 of the Laws of 1907. The complaint in…
1Opinion of the CourtHiscock, J.
Chapter 185 of the Laws of 1907 is entitled, “ An act to regulate the" taking of deposits by certain persons, firms and corporations.” Amongst other things it provides (section 1): “ All corporations, firms and persons now or hereafter engaged in the selling of steamship or railroad tickets for transportation to or from foreign countries, who in conjunction with said business carry on the business of receiving deposits of money for the purpose of transmitting the same, or the equivalent thereof, to foreign countries, shall, before entering into said business, or before continuing said…
2Cases cited4 opinions
- Williams v. FearsSupreme Court of the United States · 1900
- Hennington v. GeorgiaSupreme Court of the United States · 1896
- People Ex Rel. Tyroler v. Warden of City PrisonNew York Court of Appeals · 1898
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
3Cited by42 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Engel v. O'MALLEYSupreme Court of the United States · 1911
- People v. . RosenheimerNew York Court of Appeals · 1913
- People v. . Beakes Dairy Co.New York Court of Appeals · 1918
- Auto Transit Co. v. City of Ft. WorthCourt of Appeals of Texas · 1915
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