Legal Opinion
Carter v. Herbert Booth King & Brother Publishing Co.
City of New York Municipal Court
Decided March 15, 1899Published
Appeal from final and interlocutory judgments sustaining demurrer and dismissing complaint.
1Opinion of the CourtConlan, J.
This is an appeal by the plaintiff from a final judgment entered upon the trial of issues of law and seeks to review also an interlocutory judgment thereon.
The action is brought by the holder of a promissory note against an indorser.
The defendant is a foreign corporation. The complaint does not state where the plaintiff resides or where the indorsement was madp.
The defendant demurs to the complaint on the following grounds:
“ First: The said complaint does not state facts sufficient to constitute a cause of action. .
“ Second: Upon the ground that the court has no jurisdiction of the subject of…
2Cases cited4 opinions
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Adams v. Lamson Consolidated Store-Service Co.New York Supreme Court · 1891
- Bank of Havana v. WickhamNew York Supreme Court · 1858