McKee v. Jessup
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Kussell W- McKee and others, from an interlocutory judgment of the Supreme Court in favor of the defendant John C. Jessup, entered in the office of the Clerk of the county of Hew York on the 5th day of December, 1900, upon the decision of the court, rendered after a trial at the Kew York Special Term, sustaining said defendant’s demurrer to the amended complaint.
1Opinion of the Court
Lattghlin, J.:
The demurrer is interposed upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The action is brought under section 1946 of the Code of Civil Procedure. The complaint alleges that the defendants as copartners under the firm name of John C. Jessup & Co. were indebted to the firm, of Bruce & Cook in the year 1884, on three promissory notes; that on the 10th day of September, 1:891, an action was brought by the firm of Bruce & Cook against defendants upon the notes, and subsequently a judgment was recovered therein against defendant…
2Cases cited9 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Allen v. . PattersonNew York Court of Appeals · 1852
- New York News Publishing Co. v. National Steamship Co.New York Court of Appeals · 1895
- De Wolf v. WilliamsNew York Court of Appeals · 1877
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3Cited by4 opinions
- New Windsor Volunteer Ambulance Corps, Inc. v. MeyersCourt of Appeals for the Second Circuit · 2006
- New Windsor Volunteer Ambulance Corps, Inc. v. MeyersCourt of Appeals for the Second Circuit · 2006
- General Aniline & Film Corp. v. Bayer Co.New York Supreme Court · 1946
- Rosenbaum v. City of New YorkNew York Supreme Court · 1908