First Commercial Bank of Pontiac v. Valentine

Majority

p. 669

First Commercial Bank of Pontiac, Respondent, v. Moses M. Valentine et al., Appellants.

(Argued March 2, 1915;

decided March 16, 1915.)

Headnote

First Commercial Bank of Pontiac v. Valentine, 163 App. Div. 709 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1914, which reversed an interlocutory- judgment of Special Term sustaining a demurrer to the complaint, and overruled such demurrer in an action to recover upon an undertaking given in an action of replevin.

The following questions were certified:

p. 670

' “ 1. Do the facts alleged in the first cause of action in the amended complaint herein constitute a cause of action against the defendants ?

“ 2. Do the facts alleged in the third cause of action in the amended complaint herein constitute a cause of action against the defendants ? ”

Abram I. Elkus, Burgess Osterhout and Albert I. Sire for appellants.

Alfred A. Wheat for respondent.

Order affirmed, with costs. Both questions certified answered in the affirmative; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Collin, Hogan, Miller and Cardozo, JJ.