Sparks v. Ducas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin P. Dueas, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of December, 1907, upon the decision of the court, rendered after a trial'at the. New York Special Term, .overruling the defendant’s demurrer to the complaint.,
1Opinion of the Court
Houghton, J.:
The complaint alleges that the plaintiffs assignors furnished to defendant’s wife and infant child certain necessary wearing apparel, and advanced to them moneys for certain necessary expenses.
The complaint is framed in a twofold aspect, the one being that the defendant failed to provide for his wife and child such necessary wearing apparel and moneys, and the other that defendant author-. ized the furnishing of such apparel and the advancement of such moneys to them. It fails to state, however, the value of the apparel or the amount of money advanced. These are fatal defects and…
2Cases cited2 opinions
- Sampson v. Grand Rapids School Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Tate v. American Woolen Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Chicago Crayon Co. v. SlatteryNew York Supreme Court · 1910
- B. & K. Plumbing & Heating Co. v. HansenNew York District Court · 1961