Ludington v. Taft
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the report of a referee. The plaintiff in his amended complaint alledged that he and the defendant were equal partners, and were engaged in the business of quarrying and delivering stone at Fulton, Oswego county, as such partners, during the months of May, June, July and August, 1849, and that the plaintiff paid for the prosecution of said business to various persons sums of money which amounted to about…
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This was an appeal by the defendant from a judgment entered upon the report of a referee. The plaintiff in his amended complaint alledged that he and the defendant were equal partners, and were engaged in the business of quarrying and delivering stone at Fulton, Oswego county, as such partners, during the months of May, June, July and August, 1849, and that the plaintiff paid for the prosecution of said business to various persons sums of money which amounted to about $1776,41, and that the defendant received, of the partnership funds sums of money which amounted to about $1700; that the…
1Opinion of the Court
By the Court, Gridley, P. J.
By the code of procedure the distinction between actions at law and suits in equity, and the existing forms of all such actions and suits, are abolished. (Code § 69.) A demurrer lies to a complaint when it does not state facts sufficient to constitute a cause of action, (Subd. 6 of § 144.) When any of the matters mentioned in section 144 do not appear on the face of the complaint, the objection may be taken in the answer. (Sec. 147.) But this particular objection mentioned in the 6th subdivision of section 144, is not waived, by omitting to take it in the answer,…
2Cases cited3 opinions
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
- De Witt v. SwiftNew York Supreme Court · 1848
- Graves v. BlanchardNew York Supreme Court · 1850
3Cited by8 opinions
- Butler v. LawsonSupreme Court of Missouri · 1880
- Nason v. LudingtonNew York Court of Common Pleas · 1878
- Doyle v. RingoIndiana Supreme Court · 1913
- Chatfield v. HewlettNew York Surrogate's Court · 1882
- Rider v. FogganNew York Supreme Court · 1891
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