Hevia v. Wheelock
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William E. Wheelock, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11th day of December, 1912.
1Opinion of the Court
Burr, J.:
Defendant having demurred to the complaint in this action upon two grounds, first, that it did not state facts sufficient to constitute a cause of action, and second, that there was a defect of parties defendant, therewith tendering to plaintiff a better plea, a motion was made by plaintiff for judgment on the pleadings, and from an order granting such motion this appeal comes.
The question involved is a very simple one under the law of contracts. To recover upon a contract to pay money for services there must be parties competent to contract, subject-matter, consideration and…
2Cases cited5 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Notman v. Galveston Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1910
- White v. MolloyAppellate Division of the Supreme Court of the State of New York · 1896
- Fraser v. BornAppellate Terms of the Supreme Court of New York · 1901
- Hurd v. LeeAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by6 opinions
- Adams & Co. Real Estate, Inc. v. E. & B. Super Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Cash v. DiamondCity of New York Municipal Court · 1955
- Balducci v. National Union Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Hevia v. WheelockAppellate Division of the Supreme Court of the State of New York · 1914
- Prime Commercial, L.L.C. v. RognerAppellate Division of the Supreme Court of the State of New York · 2008
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