Chauvrant v. Maillard
New York Supreme Court
This was an action brought by Henry Chauvrant to compel Henry Mail-lard to account to him for commissions due plaintiff under a contract theretofore made between them. The following is a portion of the defendant’s answer, which sets up, or seeks to set up, a counter-claim, and to which the plaintiff demurred: “Fourth.
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This was an action brought by Henry Chauvrant to compel Henry Mail-lard to account to him for commissions due plaintiff under a contract theretofore made between them. The following is a portion of the defendant’s answer, which sets up, or seeks to set up, a counter-claim, and to which the plaintiff demurred: “Fourth. This defendant, further answering said complaint and by way of counter-claim, alleges and shows (1) that under and by virtue of the written contract made and entered into by and between the parties hereto on the 25th day of January, 1886, and hereinbefore referred to, and to…
1Opinion of the CourtIngbaham, J.
The counter-claim is fatally defective in not alleging any fact to show that the plaintiff violated the contract. The allegation “that plaintiff so conducted himself, and knowingly violated the conditions and covenants of the said contract, ” is a mere allegation of a conclusion, and not a fact. In Knapp v. City of Brooklyn, 97 N. Y. 523, it was held that an allegation in the complaint “that the expense of the said local improvements for which said assessment was laid has been increased in dollars and cents by reason of the illegal action, frauds, and irregularities of the officers of the…
2Cited by4 opinions
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- Coffin v. President of Grand Rapids Hydraulic Co.The Superior Court of the City of New York and Buffalo · 1892
- Coffin v. President of the Grand Rapids Hydraulic Co.The Superior Court of New York City · 1892