James H. Dunham & Co. v. McCann
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Edward S. Ricoll and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rew York on the 11th day of March, 1905, upon the decision of the court, rendered after a trial at the Rew York Special Term, overruling the separate demurrers interposed by the sáid defendants to the plaintiff’s complaint.
1Dissent
Laughlin, J. (dissenting):
The action is by the assignee of a bond to enforce the obligations thereof. The bond was given by an assignor for the benefit of creditors with two sureties to his assignee- as a condition of returning to the assignor the entire estate pursuant to á compromise agreement between the latter and his creditors.
The first question presented by the demurrers is whether a cause of action is stated, and it depends upon the assignability of the bond. The allegations of the complaint, so far as material to this'question, are, that on the 17th day of November, 1879, the…
2Cases cited9 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Chambers v. . LancasterNew York Court of Appeals · 1899
- Everson v. . GereNew York Court of Appeals · 1890
- Levy v. CohenAppellate Division of the Supreme Court of the State of New York · 1905
- Rogers v. PattersonNew York Supreme Court · 1894
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