Elkan v. Edwards
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Hermann Elkan against Robert Edwards and another. A demurrer to the complaint was overruled, and defendants appeal.
1Opinion of the CourtSeabury, J.
This action was brought to recover upon a promissory note. The complaint alleged the making of the note and set *1108out a copy thereof, the indorsement and delivery of the note for value to the plaintiff, the presentment upon maturity to the defendants at the place where the same was made payable, the demand for payment and the refusal thereof, the protest for nonpayment, notice of the presentment for demand and the nonpayment thereof, and then asks for judgment.
The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The…
2Cases cited1 opinion
- Wright v. DeeringNew York Court of Common Pleas · 1893