Smith v. Oliphant
The Superior Court of New York City
This cause came before the court on demurrers to the plaintiff’s replications. Several grounds of demurrer to each were specified. The action was against the husband, and his sureties on an attachment bond given to discharge a foreign attachment issued against him and his wife. The breaches assigned in the declaration were on promises made by the wife before marriage. Among other pleas, the defendants pleaded that the wife was an infant when the promises were made.
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This cause came before the court on demurrers to the plaintiff’s replications. Several grounds of demurrer to each were specified. The action was against the husband, and his sureties on an attachment bond given to discharge a foreign attachment issued against him and his wife. The breaches assigned in the declaration were on promises made by the wife before marriage. Among other pleas, the defendants pleaded that the wife was an infant when the promises were made. The third breach or sub-count in the declaration was in the form of an indebitatus assumpsit for money lent and advanced, money…
1Opinion of the CourtBy the Couut. Sandford, J.
Several of the causes of demurrer assigned were overruled when this case was before us last fall; and we will confine our attention to the points which were not then decided.
1. The objection to the first replication to the third plea, that it is argumentative, is not properly presented in the demurrer. This is a ground for special demurrer only, and the defect must therefore be specified in express terms, so as to show what portion of the pleading constitutes the alleged argument.
2. The omission to state when the money alleged to be lent to Mrs. O. while sole, was in fact lent. We think the…
2Cases cited1 opinion
- Randall v. SweetCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Gray v. SandsAppellate Division of the Supreme Court of the State of New York · 1901
- Hovell v. NollNew York City Court · 1894