Alger v. Scoville
New York Supreme Court
Before Morse, Barculo and Brown, Justices. This suit was commenced by the service of summons and complaint on the defendants, Scoville, Clapp, Wells, and the Dutchess County Iron Company, on the 20th April, 1850. The defendants, Scoville, Clapp, and the Dutchess County Iron Company appeared by William Eno. The defendant Wells, appeared by William. Stewart Eno. The defendant Samuel C. Scoville demurred to the complaint.
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Before Morse, Barculo and Brown, Justices. This suit was commenced by the service of summons and complaint on the defendants, Scoville, Clapp, Wells, and the Dutchess County Iron Company, on the 20th April, 1850. The defendants, Scoville, Clapp, and the Dutchess County Iron Company appeared by William Eno. The defendant Wells, appeared by William. Stewart Eno. The defendant Samuel C. Scoville demurred to the complaint. His demurrer was served May 4, 1850. The defendants, the Dutchess Co. Iron Company and Daniel S. Clapp, also demurred to the complaint. Their demurrer was served May 4, 1850.…
1Opinion of the Court
By the Court, Barculo, Justice.
I am still of the opinion that the demurrers were well taken for the reasons assigned at the special term. Bu t as the case has been argued before us with much force and earnestness, by one of the learned authors of the code, I will examine one or two of his propositions a little more fully.
The third point of the learned counsel claims that “ the objection that the complaint is demurrable because the causes of action are some of them against a trustee and others on contract, has not the least foundation. The causes of action all arise out of contract, express or…
2Cited by2 opinions
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