Goodwin v. Cobe
City of New York Municipal Court
Appeal from judgment and order directing judgment on account of the frivolousness of defendant’s demurrer to the complaint.
1Opinion of the CourtSchuchman, J.
The complaint sets up two1 causes of action on bank checks separately. The defendant .demurs to each on the .ground that the complaint does not state facts sufficient to constitute a cause of action. § 492, Code Civ. Pro. Plaintiff gives notice of motion for an order striking out the demurrer as frivolous and for judgment. The motion was-granted-and the order appealed from, entered thereon.
The demurrer is not frivolous. Cook v. Warren, 88 N. Y. 37.
It is essential in an action on a bank check to allege “ Notice •of presentment and nonpayment to the drawer.” The drawee was first to be resorted…
Also in this document: Concurrence.
2Cases cited5 opinions
- Harker v. AndersonNew York Supreme Court · 1839
- Cook v. . WarrenNew York Court of Appeals · 1882
- Lynch v. First National Bank of Jersey CityNew York Court of Appeals · 1887
- Conkling v. GandallNew York Court of Appeals · 1864
- Eichner v. Bowery BankAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Scanlon v. WallachNew York Supreme Court · 1907