Murphy v. . Whitney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made June 23, 1893, which affirmed a judgment overruling a. demurrer to the complaint entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order made June 23, 1893, which affirmed a judgment overruling a. demurrer to the complaint entered upon a decision of the court on trial at Special Term. This action was brought to establish a trust agreement, to set aside various conveyances of real estate from the defendant Mary Murphy to the defendants James W. Whitney and Aurelia W. Moore, and for an accounting. The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause…
1Opinion of the CourtEarl, J.
The defendants’ demurrer to the complaint, on the ground that it does not state facts sufficient to constitute a cause of action, having been overruled in the courts below, they have appealed to this court.
The complaint is very verbose and lengthy, occupying more; than fifty pages of the printed record. We will not attempt, to make a precise or comprehensive abstract of it. It is sufficiently accurate for the present purpose and for the exposition of the principles of law applicable to this case to state that it. alleges in substance the following facts : That Hugh Murphy died in the town of…
2Cases cited2 opinions
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Garnsey v. . RogersNew York Court of Appeals · 1872
3Cited by21 opinions
- Sawyer v. . CubbyNew York Court of Appeals · 1895
- Nichols v. NicholsSupreme Court of Connecticut · 1907
- Frawley v. ForrestMassachusetts Supreme Judicial Court · 1941
- Colson v. Baker, New York County Courts1904
- Papke v. PearsonSupreme Court of Minnesota · 1938
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