Tuthill v. Debovoise
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Margaret Eleanor Forbes Debovoise, individually and as executrix, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of August, 1914, overruling her demurrer to the complaint, and also from an order entered in said clerk’s office on the 25th day of August, 1914, denying defendant’s motion to sustain her demurrer herein and for judgment on the…
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Appeal by the defendant, Margaret Eleanor Forbes Debovoise, individually and as executrix, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of August, 1914, overruling her demurrer to the complaint, and also from an order entered in said clerk’s office on the 25th day of August, 1914, denying defendant’s motion to sustain her demurrer herein and for judgment on the pleadings.
1Opinion of the Court
Laughlin, J.:
The appellant demurred to the second amended complaint on the ground that it does not state facts sufficient to constitute a cause of action. The plaintiffs thereupon moved for an order overruling the demurrer and for judgment on the pleadings, and the appellant moved for an order sustaining her demurrer and for judgment on the pleadings. The plaintiffs’ motion was granted to the extent of overruling the demurrer, but appellant was given leave to answer and her motion was denied and separate orders were entered, and from them she appealed.
This is an action based on the provisions…
2Cases cited5 opinions
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- Henriques v. Yale UniversityAppellate Division of the Supreme Court of the State of New York · 1898
- Reiners v. BrandhorstNew York Supreme Court · 1879
- Judson v. StaleyAppellate Division of the Supreme Court of the State of New York · 1914
- Moser v. TalmanAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
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