Neff v. Clute
New York Supreme Court
The plaintiff sued the defendant before a justice of the peace and declared as follows : “ Plaintiff complains that the defendant, on or about the 7th day of January, 1850, for a valuable consideration, fraudulently transferred and delivered to plaintiff a certain promissory note, made by James 0. Yan Vranken, dated June 23d, 1849, at six months, for $61,00, with interest, as a valid and subsisting note, wherefore plaintiff demands judgment against the defendant for $61,…
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The plaintiff sued the defendant before a justice of the peace and declared as follows : “ Plaintiff complains that the defendant, on or about the 7th day of January, 1850, for a valuable consideration, fraudulently transferred and delivered to plaintiff a certain promissory note, made by James 0. Yan Vranken, dated June 23d, 1849, at six months, for $61,00, with interest, as a valid and subsisting note, wherefore plaintiff demands judgment against the defendant for $61, with interest found.” The defendant in his answer, among other things, denied all the matters alledged in the complaint. On…
1Opinion of the Court
By the Court,
Parker, J.
The counsel for the defendant admits that no question arises on the new matter set up in the answer by way of defense, and Ik at the only question to be considered is, whether a sufficient cause of action was averred and proved.
The complaint is sufficiently full and explicit to make known the grievance of which the plaintiff complains ; and that was all that was required in a justice’s court, even under a more formal system of pleading than that now' prescribed. It is objected that there is no allegation in the complaint that the note was of any value, or that the…
2Cases cited9 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Patterson v. WesterveltNew York Supreme Court · 1837
- Witherby v. MannNew York Supreme Court · 1814
- Romig v. RomigSupreme Court of Pennsylvania · 1830
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- Whiteside v. HymanNew York Supreme Court · 1877