Hall v. Southmayd
New York Supreme Court
Demurrer to complaint. The complaint was as follows: “The complaint of the plaintiff shows to the court, that the defendant is indebted to the plaintiff in this action,, in the sum of three hundred dollars and interest thereon, from and after the 16th day of May, in year 1847, for the use and occupation of certain - lands and tenements, being the property of the said plaintiff,” (describing them,) “ for and during the following years, to wit, commencing on or about the month…
Read the full summary
Demurrer to complaint. The complaint was as follows: “The complaint of the plaintiff shows to the court, that the defendant is indebted to the plaintiff in this action,, in the sum of three hundred dollars and interest thereon, from and after the 16th day of May, in year 1847, for the use and occupation of certain - lands and tenements, being the property of the said plaintiff,” (describing them,) “ for and during the following years, to wit, commencing on or about the month of May, in the year 1841, and including the remainder of the year. 1841, and the years 1842, 1843,1844, 1845,1846, and…
1Opinion of the CourtHand, J.
It is not sufficient to allege that the defendant is indebted to the plaintiff in a certain amount. (Wilson v. McHurd, MS. Hall v. Southmayd, MS. Cady. J.) The cause of the debt must be stated. (Bailey v. Freemen, 4 John. 280. Woodford v. Deacon, Cro. Jac. 206. Buckingham v; Cosiendine, Id. 214. Mayor v. Harre, Id. 642. 1 Vin. 342. 1 Chilly’s PI. 300.) Whether a statement of the cause of action substantially in the form of the common counts in indebitatus assumpsit, is now a proper mode of pleading, seems not to be fully settled. (Garvey v. Fowler, 4 Sandf. R. 665. And see Eno v. Woodworth, 4…
2Cases cited4 opinions
- Featherstonhaugh v. BradshawNew York Supreme Court · 1828
- Bancroft v. WardwellNew York Supreme Court · 1816
- Bailey v. FreemanNew York Supreme Court · 1809
- Croswell v. CraneNew York Supreme Court · 1849
3Cited by7 opinions
- Cavanaugh v. CookSupreme Court of Rhode Island · 1915
- Betts v. BacheThe Superior Court of New York City · 1862
- Betts v. BacheThe Superior Court of New York City · 1862
- Davis v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1956
- Jennings v. AlexanderNew York Court of Common Pleas · 1856
2 more not listed; retrieve them via the Exa API.