Goffe v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal. by the plaintiff,.Florence L. Goffe, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 3d day of February, 1909, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling. the, plaintiff’s demurrer to a portion of the amended answer.
1Opinion of the Court
Scott, J. :
The plaintiff appeals from -an- interlocutory judgment overruling a demurrer to a separate defense.
*865The action is upon a promissory note for $10,000, upon which it is alleged that $7,717.65 with interest remains unpaid, for which amount judgment is demanded. The third separate defense to which the demurrer is interposed alleges the making and delivery of the note; that subsequent to the maturity thereof and before the commencement of this action plaintiff demanded the payment thereof, which defendant refused upon the ground that he was not lawfully indebted to plaintiff- in any sum…
2Cases cited4 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Kromer v. . HeimNew York Court of Appeals · 1879
- Russell v. LytleNew York Supreme Court · 1831
- Tilton v. AlcottNew York Supreme Court · 1853
3Cited by3 opinions
- Holzer v. GesellschaftNew York Supreme Court · 1936
- Moers v. MoersAppellate Division of the Supreme Court of the State of New York · 1919
- Silver v. RebhunAppellate Division of the Supreme Court of the State of New York · 1909