Appleby v. Elkins
The Superior Court of New York City
Demurrer to a complaint. The statement of the complaint was as follows: “That the defendant on the first day of August, 1849, made his promissory note in the words following:—‘New York, August 1st, 1849. Two months after date, for value received, I promise to pay to the order of Noah Ripley, one hundred and sixty dollars.
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Demurrer to a complaint. The statement of the complaint was as follows: “That the defendant on the first day of August, 1849, made his promissory note in the words following:—‘New York, August 1st, 1849. Two months after date, for value received, I promise to pay to the order of Noah Ripley, one hundred and sixty dollars. G. B. Elkins.’ And delivered the same to the said Noah Ripley, who thereupon indorsed the same to the plaintiff; that the said defendant did not pay the said note when it became due, and that the defendant is indebted to the plaintiff upon the same note in the sum of $160,…
1Opinion of the Court
The Court, (Sandford, J.,)
held the demurrer to be frivolous, and directed judgment for the plaintiff. There being no affidavit of merits, leave to answer was refused.
2Cited by3 opinions
- First National Bank v. StalloAppellate Division of the Supreme Court of the State of New York · 1914
- Niblo v. HarrisonThe Superior Court of New York City · 1858
- United States v. LeverichDistrict Court, S.D. New York · 1881