Newton v. . Lee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the second judicial department, entered upon an order made May 11, 1893, which affirmed an interlocutory judgment ■entered upon an order of Special Term overruling a demurrer to defendant’s answer. The nature of the action and the allegations of the answer, so far as material, are stated in the opinion. The defendants allege that they should have been sued as sureties.
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Appeal from judgment of the General Term of the Supreme ■Court in the second judicial department, entered upon an order made May 11, 1893, which affirmed an interlocutory judgment ■entered upon an order of Special Term overruling a demurrer to defendant’s answer. The nature of the action and the allegations of the answer, so far as material, are stated in the opinion. The defendants allege that they should have been sued as sureties. Whether that be so in fact or not, they have not been sued as sureties, but as principals. But even if they had been sued as sureties they cannot interpose a…
1Opinion of the Court
Andrews, Ch. J.
The demurrer to the second answer or defense was, we think, well taken. The complaint was in the ordinary form for goods manufactured for, and sold, and delivered to the defendants at their request by the plaintiff’s assignor, the Naugatuck Malleable Iron Company, for an agreed price, with averments of the assignment of the claim to the plaintiff, and that the debt was due and unpaid. The .answer in the first instance contained a denial of the allegations of the complaint, and then “ for a further and separate ¡answer and defense,” the defendants alleged that the transactions…
2Cases cited1 opinion
- Gillespie v. . TorranceNew York Court of Appeals · 1862
3Cited by9 opinions
- Elliott v. . BradyNew York Court of Appeals · 1908
- European American Bank v. LofreseAppellate Division of the Supreme Court of the State of New York · 1992
- Walker v. Traylor Engineering & Mfg. Co.Court of Appeals for the Eighth Circuit · 1926
- F. A. Rumery Co. v. Merrill Trust Co.Supreme Judicial Court of Maine · 1928
- Strong v. EckertAppellate Division of the Supreme Court of the State of New York · 1917
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