Gleason v. Youmans
New York Supreme Court
This action was brought by the plaintiff, William Gleason, as the present supervisor of tiie town of Delhi, to recover against the defendant, William Youmans, a preceding supervisor, a balance, certified by the auditors of town accounts upon the annual accounting as remaining in his hands, but which was not paid to his successor on demand.
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This action was brought by the plaintiff, William Gleason, as the present supervisor of tiie town of Delhi, to recover against the defendant, William Youmans, a preceding supervisor, a balance, certified by the auditors of town accounts upon the annual accounting as remaining in his hands, but which was not paid to his successor on demand. The sixth defense of the answer alleged “ that the plaintiff ought not to have or maintain this action against this defendant, for that the said plaintiff- is not the real party in interest, but that such action should have been brought by and in the name…
1Opinion of the CourtFollett, J.
The sixth defense neither contains a general denial of the complaint, nor a specific denial of any allegation thereof. Nor does this defense state any new matter (facts) constituting a defense, or a counter-claim. In effect, it avers that upon the facts set forth in the complaint, as matter of law, the plaintiff is not, and the town of Delhi is, the proper party plaintiff.
It amounts to no more than averring by answer, that the facts stated in the complaint are insufficient to establish a cause of action in favor of a plaintiff. This, if true as matter of law, is a good ground of demurrer, or…
2Cases cited17 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- People v. . BoothNew York Court of Appeals · 1865
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Crittenden v. WilsonNew York Supreme Court · 1825
- Eaton v. Supervisors of Manitowoc CountyWisconsin Supreme Court · 1878
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3Cited by1 opinion
- Wood v. Board of SupervisorsNew York Supreme Court · 1888