82 N.Y.S. 525 | N.Y. App. Div. | 1903
The Lincoln National Bank, as one of the defendants in this action, interposed a demurrer to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action against it. The demurrer has been overruled, and the Lincoln National Bank appeals from the interlocutory judgment entered.
The action is brought upon the theory that the Lincoln National Bank has converted to its use the avails of certain negotiable tax warrants and orders, amounting to $29,182.33, issued by the city of New York in 1898 and 1899 to the order of plaintiff’s intestate Patrick Casey, but never delivered to him or indorsed by him or in his name. It seems that Patrick Casey, plaintiff’s intestate, had entered into a contract with the city of New York for the construction or alteration of certain sewers, and that on or about December 4, 1897, a paper, purporting to be an assignment of all of the claims of the said Patrick Casey against the city of New York to the Knickerbocker Construction Company was executed in due form, and a copy of the same filed with the comptroller of the city of New York. Acting upon the supposed authority of this assignment the city of New York, through its comptroller, delivered the warrants and orders to the Knickerbocker Construction Company, which corporation, through its president, indorsed the same in the
While some of the facts might have been alleged with more of certainty, we are of opinion that under the liberal rules now prevailing the allegations of the complaint do state facts sufficient to-constitute a cause of action against the Lincoln National Bank, and that the interlocutory judgment appealed from should be affirmed.
The interlocutory judgment appealed from should be affirmed,, with costs.
Goodrich, P. J., Bartlett, Hirschberg and Hooker, JJ.,. concurred.
Interlocutory judgment affirmed, with costs.