Semple v. County Trust Co.

Appellate Division of the Supreme Court of New York

Semple v. County Trust Co.

254 A.D. 710, 4 N.Y.S.2d 26, 1938 N.Y. App. Div. LEXIS 7220

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

DecidedApril 22, 1938

StatusPublished

This text of 254 A.D. 710 (Semple v. County Trust 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

Semple v. County Trust Co., 254 A.D. 710, 4 N.Y.S.2d 26, 1938 N.Y. App. Div. LEXIS 7220 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order denying motion to strike matter from the complaint, or, in the alternative, to make the complaint more definite and certain, reversed on the law, without costs, ana motion granted to the extent of requiring the plaintiff to make the complaint more definite and certain with respect to paragraphs “ nineteenth ” and “ twenty-fifth ” by pleading ultimate facts indicating the manner in which it will be claimed that Teed obtained possession of the checks, Teed’s lack cf authority in connection therewith, and the notice or knowledge of the bank of that lack of authority, or such circumstances as should have caused the defendant to make an investigation. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Order denying motion to strike matter from the complaint, or, in the alternative, to make the complaint more definite and certain, reversed on the law, without costs, ana motion granted to the extent of requiring the plaintiff to make the complaint more definite and certain with respect to paragraphs “ nineteenth ” and “ twenty-fifth ” by pleading ultimate facts indicating the manner in which it will be claimed that Teed obtained possession of the checks, Teed’s lack cf authority in connection therewith, and the notice or knowledge of the bank of that lack of authority, or such circumstances as should have caused the defendant to make an investigation. Lazansky, P. J., Hagarty, Davis, Johnston and Taylor, JJ., concur.

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Bluebook (online)

254 A.D. 710, 4 N.Y.S.2d 26, 1938 N.Y. App. Div. LEXIS 7220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/semple-v-county-trust-co-nyappdiv-1938.