Loomis v. Tifft
New York Supreme Court
This was an appeal by the defendants from an order made by Justice Pratt at a special term, overruling their demurrer to the complaint. The action was brought by a simple contract creditor of Eleazer Loomis, deceased, to set aside a certain conveyance of real estate made by the decedent in his lifetime, with intent to defraud creditors. The defendants demurred, assigning as a ground of demurrer that the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
By the Court, W. F. Allen, J.
The defendants, not having objected to the want of parties, or to the form of the action that it is in behalf of the plaintiff alone and notin behalf of all *542other creditors of Eleazer Loomis who shguld elect to come in and he made parties and contribute to the expense of the action, have waived the right to insist upon such objections; and for all the purposes of the demurrer, the complaint must be deemed unobjectionable by reason of any such defects. (Code, §§ 144,148.)
The code (§ 145) provides that the demurrer shall distinctly specify the grounds of objection…
2Cases cited4 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Osborne v. MossNew York Supreme Court · 1810
- Brownell v. CurtisNew York Court of Chancery · 1843
- President & Directors of Manhattan Co. v. OsgoodNew York Supreme Court · 1818
3Cited by22 opinions
- Shellington v. . HowlandNew York Court of Appeals · 1873
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Allen v. TritchSupreme Court of Colorado · 1880
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Fowler v. KingsleySupreme Court of Pennsylvania · 1878
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