Hodge v. Drake
New York Supreme Court
Appeal from special term, New York county. Action by Irvine A. Hodge and Lyman E. Miner against John H. Drake and others, to recover upon a contract and for money had and received by the defendants to the plaintiffs’ use. The defendants appeal from an interlocutory judgment overruling a demurrer to the complaint, and from an order directing entry of judgment thereon.
1Opinion of the CourtDaniels, J.
The action is upon contract for work, labor, materials, and money had and received to the use of the plaintiffs. The first cause of demurrer assigned is that “there is a defect of parties plaintiff.” In what the defect consists has not been stated, as that has been required to be done by section 490 of the Code of Civil Procedure, to render the demurrer for that cause suflicient; and it was properly overruled by the special term. Anderton v. Wolf, 41 Hun, 571; Dodge v. Colby, 108 N. Y. 445, 15 N. E. Rep. 703.
The second cause of demurrer is “that two causes of action have been improperly…
2Cases cited19 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Dodge v. . ColbyNew York Court of Appeals · 1888
- Sanders v. . Village of YonkersNew York Court of Appeals · 1875
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3Cited by2 opinions
- Foley v. Mail & Express Publishing Co.The Superior Court of the City of New York and Buffalo · 1894
- Foley v. Mail & Express Publishing Co.The Superior Court of New York City · 1894