Legal Opinion

Gilbert v. York

New York Supreme Court

Decided October 15, 1886Published

Appeal from a judgment of the Chautauqua County Court, sustaining a demurrer interposed to the complaint. The defendants appeared by an attorney and demurred to the complaint upon the grounds : First. That the complaint does not state facts sufficient to constitute a cause of action. Second. That the complaint does not state facts showing that the court has jurisdiction of the persons of the defendants. Third.

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Appeal from a judgment of the Chautauqua County Court, sustaining a demurrer interposed to the complaint. The defendants appeared by an attorney and demurred to the complaint upon the grounds : First. That the complaint does not state facts sufficient to constitute a cause of action. Second. That the complaint does not state facts showing that the court has jurisdiction of the persons of the defendants. Third. That the complaint does not state facts showing that the court has jurisdiction of the subject-matter of this action. Fowrth. That it does not appear by the complaint that, at the time…

1Opinion of the Court

Smith, P. J.:

Action to recover the suni of fifty-seven- dollars and fifty cents, the price of a quantity of flour alleged to have been sold and delivered by the plaintiffs to the defendants. The complaint alleges that the defendants, as well as the plaintiffs, were engaged in business in the county of Chautauqua, but it contains no averment as to the residence of either of the parties. The lack of an averment that the defendants were residents of the county of Chautauqua, at the time of the commencement of the action, is the ground upon which the respondents’ counsel contends that the…

2Cases cited3 opinions

  1. Wheelock v. . LeeNew York Court of Appeals · 1878
  2. Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
  3. Judge v. HallNew York Supreme Court · 1871

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