Melenky v. Melen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Asher P. Melen, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 2d day of May, 1919, overruling the demurrer interposed by the defendant to the complaint.
1Opinion of the Court
Kruse, P. J.:
This complaint is too lean to withstand the attack made upon it by the demurrer. It fails to state a cause of action. It alleges that the defendant had and received from the plaintiff several sums of money at divers dates therein stated, amounting in all to $18,241.50; that no part had been paid, and that there is due and owing from the defendant to the plaintiff said amount and interest on the several sums from the dates when the same were received.
The mere fact that the defendant had and received moneys from the plaintiff does not establish a loan or other indebtedness owing to…
2Cases cited4 opinions
- de Cordova v. SanvilleAppellate Division of the Supreme Court of the State of New York · 1914
- Sayles v. OlmsteadNew York Supreme Court · 1873
- Bogert v. . MorseNew York Court of Appeals · 1848
- De Cordova v. . SanvilleNew York Court of Appeals · 1915
3Cited by1 opinion
- Lion Brewery v. LoughranAppellate Division of the Supreme Court of the State of New York · 1928