Nichols v. . Drew
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the first Tuesday of January, 1880, which reversed an order of Special Term overruling a • demurrer to plaintiff’s complaint, interposed by defendant Drew, and which directed judgment for said defendant on the demurrer. The complaint herein contained two counts.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made the first Tuesday of January, 1880, which reversed an order of Special Term overruling a • demurrer to plaintiff’s complaint, interposed by defendant Drew, and which directed judgment for said defendant on the demurrer. The complaint herein contained two counts. The first count alleged that the defendants Drew, Young and McLane, in 1873, jointly became indebted to the plaintiff, on contract, in the sum of $1,218.12, no part of which had been paid except as thereinafter…
1Opinion of the CourtFinch, J.
The demurrer interposed took the specific objection that the first cause of action pleaded was in tort, while the second was on contract, and so there was a misjoinder of causes of action. The General Term sustained the objection. It is now claimed that both counts were on contract, and the first is construed to allege a debt against Drew, McLane and Young, which is sought to be recovered, while Churchill is introduced as a party, and his and Drew’s fraud alleged, solely to set aside the assignment to Churchill, and restore the plaintiff to the position of a creditor of the firm. But the…
2Cited by33 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Benson v. BatteySupreme Court of Kansas · 1904
- Tew v. WolfsohnAppellate Division of the Supreme Court of the State of New York · 1902
- Moran v. VreelandNew York Supreme Court · 1913
- Roehr v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1896
28 more not listed; retrieve them via the Exa API.