Webb v. . Odell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The action was brought to recover back the amount paid by plaintiff upon the purchase by her of defendants of four promissory notes.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The action was brought to recover back the amount paid by plaintiff upon the purchase by her of defendants of four promissory notes. Plaintiff purchased of defendants in December, 1866, and in January, 1867, one note of Amos Willets of $1,452.23, one of Shepard & Cochran for $1,569.38, and two of Henry G. Evans, one of $1,325, the other of $7,924. All of these notes were made…
1Opinion of the Court
Church, Ch. J.
At the close of the plaintiff’s case, the defendants’ counsel moved to dismiss the complaint upon the ground “ that the plaintiff has not a cause of action.” The motion was denied and the defendants excepted. The motion was too general. It should have specified the particular defect in the complaint or in the evidence, so that the court could have passed upon it, and the other party have had the opportunity to supply the defect in the evidence, or move to amend the complaint. Such an exception is not in general available in this court. (Binsse v. Wood, 37 N. Y., 526.) It could…
2Cases cited1 opinion
- Binsse v. . WoodNew York Court of Appeals · 1868
3Cited by19 opinions
- Utley v. DonaldsonSupreme Court of the United States · 1877
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Meyer v. RichardsSupreme Court of the United States · 1896
- Flandrow v. . HammondNew York Court of Appeals · 1895
- Littauer v. . GoldmanNew York Court of Appeals · 1878
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