Cragin v. . Lovell
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 Hay 11, 1880, which affirmed a judgment entered upon an order overruling so much of defendant’s answer as set forth a counter-claim. (Reported below, sub nom. Cragin v. Quitmcm, 22 Hun, 101.) ' The nature of the action and the material facts are stated in the opinion. The court on demurrer will consider the whole record.
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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 Hay 11, 1880, which affirmed a judgment entered upon an order overruling so much of defendant’s answer as set forth a counter-claim. (Reported below, sub nom. Cragin v. Quitmcm, 22 Hun, 101.) ' The nature of the action and the material facts are stated in the opinion. The court on demurrer will consider the whole record. (Graham’s Practice [2d ed.], 755 ; Van Santvoord’s Pleadings [2d ed.], 652 ; Bliss on Code Pleading, § 417; Ohitty on Pleading [16th Ain. ed.], 701;…
1Opinion of the CourtEarl, J.
This action was originally commenced against Eliza A. Quitman individually and as executrix of her sister Louise S. Quitman. The original defendant died after the commencement of the action, and then the aótion was revived against the present defendant as her executor. The complaint in the action alleges that early in the year 1870, the defendant and her sister had sold and conveyed to one Fisk a certain plantation known as “Live-Oaks,” situated in the parish of Terrebonne and State of Louisiana, for the consideration of $4,500 in cash, and $18,000 in the notes of Fisk secured by a mortgage…
2Cases cited2 opinions
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Watts' Administrators v. KinneyNew York Supreme Court · 1840
3Cited by47 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Ellenwood v. Marietta Chair Co.Supreme Court of the United States · 1895
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Pacific Finance Corp. v. Superior CourtCalifornia Supreme Court · 1933
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