Ferner & Kraushar v. Williams
New York Supreme Court
THIS was an appeal from an order made at a special term, allowing a demurrer to the complaint. The necessary facts are set forth in the opinion of the court.
1DissentIngraham, J.
(dissenting.) I concur in the opinion of the , presiding justice so far as relates to the necessity of an averment in the complaint, that a note payable at a particular place, had been demanded at that place, in order to charge the indorser. But I do not concur in the opinion that such averment is sufficiently made out by the words used in this complaint.
In Gay v. Paine, (5 How. Pr. Rep. 107,) such a position *12is distinctly laid down, and in Adams v. Sherrill, (14 id. 297,) it was followed, Paige, J. however expressing his dissatisfaction with it.
The 162d section of the code says: “ In…
2Cases cited2 opinions
- Gay v. Paine & PaineNew York Supreme Court · 1850
- Graham v. MachadoThe Superior Court of New York City · 1857