Wiener v. Boehm
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Wiener, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 4th day of March, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the plaintiff’s demurrer to five separate defenses contained in the amended answer of the defendants Boehm and -Heine to the first cause of action set forth in the…
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Appeal by the plaintiff, Samuel Wiener, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 4th day of March, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the plaintiff’s demurrer to five separate defenses contained in the amended answer of the defendants Boehm and -Heine to the first cause of action set forth in the complaint and to five separate defenses contained in the same pleading to the second cause of action set forth in the complaint.
1Opinion of the Court
Laughlin, J.:
The first count of the complaint alleges a cause of action on a bond executed by the defendants jointly and severally to one Samuel Jackson on the 21st day of April, 1905, whereby they promised to pay the sum of $4,500, with interest thereon, on the 21st day of October, 1906, which bond was assigned to the plain.tiff on the day payment thereof became due. The second count is on a similar cause of action, the only difference being that the bond on which that cause of action is founded was conditioned for the payment of $4,000. The respondents, for the first defense to the first…
2Cases cited4 opinions
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- In re PizaAppellate Division of the Supreme Court of the State of New York · 1896
- Gottschalk v. JungmannAppellate Division of the Supreme Court of the State of New York · 1903
- De Caumont v. RasinesAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- Feigenbaum v. HizsnayAppellate Division of the Supreme Court of the State of New York · 1919
- Cohn v. SpitzerAppellate Division of the Supreme Court of the State of New York · 1911
- Van Tuyl v. RobinNew York Supreme Court · 1913
- Shipman v. TerrillMontana Supreme Court · 1929
- Strauss v. St. Louis County BankAppellate Division of the Supreme Court of the State of New York · 1908
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