Wallerstein v. American Surety Co.
City of New York Municipal Court
Appeal from special term. Action by Harry Wallerstein against the American Surety Company. A demurrer to the answer was sustained, and defendant appeals.
1Opinion of the CourtVan Wyck, J.
Before considering the merits of defendant’s appeal from the judgment sustaining plaintiff’s demurrer to the affirmative defense in the answer for insufficiency, an investigation should be made of the question whether the general term should listen to deiendant’s objection that the complaint does not state facts sufficient to constitute a cause of action, since lie has made no such objection at the trial of the demurrer at special term, but does so for the first time on the hearing of this appeal. It is the established rule of practice that on the trial of a demurrer to an answer for…
2Cases cited6 opinions
- People v. . BoothNew York Court of Appeals · 1865
- Hatch v. . ElkinsNew York Court of Appeals · 1875
- Hofheimer v. . CampbellNew York Court of Appeals · 1874
- Pope v. DinsmoreNew York Supreme Court · 1859
- Bennett v. . LakeNew York Court of Appeals · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bingham v. MearsNorth Dakota Supreme Court · 1894