Tiffany v. Willis
New York Supreme Court
Appeal from a judgment in Orleans county, dismissing tbe plaintiff’s complaint, entered upon tbe trial of this action by tbe court without a jury. Tbe court “ found as facts, tbe facts as stated in tbe complaint ” and that the action was commenced on the 29th day of November,. 1880. As conclusions of law : 1. That tbe plaintiff is not entitled to' recover of defendant. 2. That tbe complaint be dismissed.
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Appeal from a judgment in Orleans county, dismissing tbe plaintiff’s complaint, entered upon tbe trial of this action by tbe court without a jury. Tbe court “ found as facts, tbe facts as stated in tbe complaint ” and that the action was commenced on the 29th day of November,. 1880. As conclusions of law : 1. That tbe plaintiff is not entitled to' recover of defendant. 2. That tbe complaint be dismissed. TTpon plaintiff opening, tbe defendant moved that tbe complaint be dismissed “ on tbe ground that it did not contain facts sufficient to constitute a cause of action, which motion of…
1Opinion of the Court
Hardin, J.:
In tbe complaint it was averred that George Carson made bis note for fifty dollars,'March 7, 1875, payable on tbe first of tbe following April, and that it was payable to tbe defendant Willis, who, about tbe same time, executed a guarcmty of the collection thereof *267and transferred it, and tbe plaintiff became tbe owner of tbe note and guaranty, and that be, on tbe 3d of November, 1880, commenced an action in this court against tbe maker in Orleans county, and recovered a judgment tbereon tbe 26tb of November, 1880, and on that day issued an execution tbereon which was returned by…
2Cases cited8 opinions
- Craig v. . ParkisNew York Court of Appeals · 1869
- Clark v. . SicklerNew York Court of Appeals · 1876
- Hunt v. . PurdyNew York Court of Appeals · 1880
- Burt v. HornerNew York Supreme Court · 1849
- Thompson v. HallNew York Supreme Court · 1866
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