Kearns v. Citizens National Bank

Appellate Division of the Supreme Court of New York

Kearns v. Citizens National Bank

264 A.D. 975, 37 N.Y.S.2d 197, 1942 N.Y. App. Div. LEXIS 5592

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1942

StatusPublished

This text of 264 A.D. 975 (Kearns v. Citizens National Bank) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kearns v. Citizens National Bank, 264 A.D. 975, 37 N.Y.S.2d 197, 1942 N.Y. App. Div. LEXIS 5592 (N.Y. Ct. App. 1942).

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Opinion

Plaintiff has appealed from an order of the County Court of St. Lawrence county dismissing the amended complaint on the ground it fails to state facts sufficient to constitute a cause of action. The action is in conversion. Plaintiff was one of three endorsers on a promissory note made by one McDonough held by defendant bank. At maturity the maker defaulted in payment and plaintiff paid the full amount. He made no demand upon the bank for the old note. Thereafter he instituted this action against the bank for conversion of the note. The complaint fails to show that plaintiff made any demand for the return of the note and there is nothing in the pleading to indicate that the bank’s lawful possession of the instrument was converted into an unlawful one. The complaint is entirely insufficient. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Bliss, Heffernan, Sehenck and Poster, JJ.

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Plaintiff has appealed from an order of the County Court of St. Lawrence county dismissing the amended complaint on the ground it fails to state facts sufficient to constitute a cause of action. The action is in conversion. Plaintiff was one of three endorsers on a promissory note made by one McDonough held by defendant bank. At maturity the maker defaulted in payment and plaintiff paid the full amount. He made no demand upon the bank for the old note. Thereafter he instituted this action against the bank for conversion of the note. The complaint fails to show that plaintiff made any demand for the return of the note and there is nothing in the pleading to indicate that the bank’s lawful possession of the instrument was converted into an unlawful one. The complaint is entirely insufficient. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Bliss, Heffernan, Sehenck and Poster, JJ.

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Bluebook (online)

264 A.D. 975, 37 N.Y.S.2d 197, 1942 N.Y. App. Div. LEXIS 5592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kearns-v-citizens-national-bank-nyappdiv-1942.