Tracy v. Tracy
New York Supreme Court
Appeal from special term, Allegany county. Action by Seth H. Tracy against Solomon H. Tracy. From an order and interlocutory judgment overruling a demurrerito certain causes of action stated in the complaint, defendant appeals.
1Opinion of the CourtMacomber, J.
The defendant demurred to the first, second, third, fourth, fifth, sixth, ninth, tenth, and eleventh counts or causes of action stated in the plaintiff’s complaint, on the ground that they severally fail to state facts sufficient to constitute a cause of action. The second, third, fourth, and fifth causes of action are, undoubtedly, sufficiently stated. Bach of them contains an allegation of an indebtedness owing by the defendant to the plaintiff upon contract. The language of each count is that the “defendant is indebted to this plaintiff. ” Then follow the particulars of such indebtedness…
2Cited by6 opinions
- Hudelson v. First National BankNebraska Supreme Court · 1897
- Weiner v. Yale Knitting MillsAppellate Division of the Supreme Court of the State of New York · 1910
- Budd v. Howard Thomas Co.New York Supreme Court · 1903
- Cochran Cotton-Seed Oil Co. v. KugelmanNew York Court of Common Pleas · 1894
- Haeussler v. Ralph Worms & Co.Supreme Court of Puerto Rico · 1926
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