Midtown Bank of New York v. National Surety Co.

Appellate Division of the Supreme Court of New York

Midtown Bank of New York v. National Surety Co.

238 A.D. 145, 263 N.Y.S. 120, 1933 N.Y. App. Div. LEXIS 9442

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

DecidedMarch 24, 1933

StatusPublished

This text of 238 A.D. 145 (Midtown Bank of New York v. National Surety Co.) 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

Midtown Bank of New York v. National Surety Co., 238 A.D. 145, 263 N.Y.S. 120, 1933 N.Y. App. Div. LEXIS 9442 (N.Y. Ct. App. 1933).

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Opinion

Per Curiam.

The cause of action allowed to be pleaded by way of amendment of the complaint is on an instrument which contains a distinct and separate liability of defendant from that which is alleged in the original complaint.

We think this may not be permitted and that the order of resettlement is incorrect and should be reversed, with twenty dollars costs and disbursements to the appellant, and the motion to resettle the said order entered on November 10, 1932, denied, with ten dollars costs.

Finch, P. J., McAvoy, Martin and O'Malley, JJ., concur; Townley, J., dissents.

Order entered November 25, 1932, so far as appealed from, reversed, with twenty dollars costs and disbursements, and motion to resettle order entered on November 10, 1932, denied, with ten dollars costs.

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Per Curiam.

The cause of action allowed to be pleaded by way of amendment of the complaint is on an instrument which contains a distinct and separate liability of defendant from that which is alleged in the original complaint.

We think this may not be permitted and that the order of resettlement is incorrect and should be reversed, with twenty dollars costs and disbursements to the appellant, and the motion to resettle the said order entered on November 10, 1932, denied, with ten dollars costs.

Finch, P. J., McAvoy, Martin and O'Malley, JJ., concur; Townley, J., dissents.

Order entered November 25, 1932, so far as appealed from, reversed, with twenty dollars costs and disbursements, and motion to resettle order entered on November 10, 1932, denied, with ten dollars costs.

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Bluebook (online)

238 A.D. 145, 263 N.Y.S. 120, 1933 N.Y. App. Div. LEXIS 9442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midtown-bank-of-new-york-v-national-surety-co-nyappdiv-1933.