Effray v. Masson
New York Court of Common Pleas
Appeal from judgment of the General Term of the City 'Court affirming judgment for plaintiff and from an order .affirming an order denying a motion to disallow costs. The action was brought by Melanie Effray against Marie E. Masson as administratrix of Marie Ann Thuillier to recover for board and lodging furnished defendant’s .intestate. The further facts are stated in the opinion.
1Opinion of the CourtPryor, J.
In limine the respondent urges a point which, if well taken, disposes of the case adversely to the appellant. The contention is that the answer presents no defense to the action, and that, therefore, the exceptions, to evidence relied on for reversal are ineffectual to the purpose.
It seems, indeed, that no material allegation of the-complaint is controverted; but then, at the trial, respondent made no motion for- judgment on the pleadings-treated the answer as sufficient; recognized the necessity of proving her case ; gave in her evidence ; and, without objection, allowed appellant to enter…
2Cases cited24 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Becker v. . KochNew York Court of Appeals · 1887
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Eisenlord v. . ClumNew York Court of Appeals · 1891
- Lomer v. . MeekerNew York Court of Appeals · 1862
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3Cited by1 opinion
- Western Nat. Bank v. FlannaganNew York Court of Common Pleas · 1895