Carter v. Koezley
The Superior Court of New York City
Appeal from an order overruling a demurrer to part of an answer. This action was brought by George Carter against Frederick Koezley, to recover possession of a lot of land in 83d street, in the city of Hew York, with damages for withholding. The answer set up, besides a general denial, the following defences : Second.
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Appeal from an order overruling a demurrer to part of an answer. This action was brought by George Carter against Frederick Koezley, to recover possession of a lot of land in 83d street, in the city of Hew York, with damages for withholding. The answer set up, besides a general denial, the following defences : Second. For a further and separate answer defendant alleges that on or about the 26th of April, 1853, two certain lots, known as numbers 14 and 15 ontheWardMap of the city of Hew York, for the 19th Ward, situate between 2d and 3d Avenues, and 83d and. 84th streets, Hew York, were duly…
1Opinion of the Court
By the Court.*—Bosworth, C. J.
Neither of the defences demurred to states when, by whom, for what cause, or under what statute, the alleged tax was “ imposed” on the premises in question: neither does it state the amount of the tax imposed, nor expressly aver that any part of it was unpaid at the time of the alleged sale of the said premises.
That such a plea was bad on general demurrer prior to the Code, is settled by the cases of Frary a. Dakin (7 Johns., 75), * Morgan a. Dyer (10 Ib., 161), Wyman a. Mitchell (1 Cow., 316), Dakin a. Hudson (6 Ib., 220), Bowman a. Russ (Ib., 234), Sheldon a.…
2Cases cited3 opinions
- Wyman v. MitchellNew York Supreme Court · 1823
- Frary v. DakinNew York Supreme Court · 1810
- Sheldon v. HopkinsNew York Supreme Court · 1831
3Cited by1 opinion
- Stevens v. PalmerThe Superior Court of New York City · 1862