St. Lawrence County National Bank v. Watkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the St. Lawrence County National Bank of Canton, from an interlocutory judgment of the Supreme Court in favor of the defendant Mary F. Watkins, entered in the office of the clerk of the county of St. Lawrence on the 13th day of April, 1912, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, sustaining the said defendant’s demurrer to the complaint.
1Opinion of the Court
Houghton, J.:
The plaintiff brings this action against the defendants upon a written instrument for the payment of money. One of the defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action in that the statement that the instrument was executed and delivered “ for a valuable consideration ” was not a statement of fact but a conclusion of law. The demurrer was sustained on that ground and the plaintiff appeals.
After stating the incorporation of the plaintiff the complaint alleges as follows:
“II. That on or about the 29th day of…
2Cases cited15 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Jerome v. WhitneyNew York Supreme Court · 1811
- Meyer v. . HibsherNew York Court of Appeals · 1872
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- California Packing Corp. v. Kelly Storage & Distributing Co.New York Court of Appeals · 1920
- Owens v. BlackburnAppellate Division of the Supreme Court of the State of New York · 1914
- Neukirch v. McHughAppellate Division of the Supreme Court of the State of New York · 1914
- California Packing Corp. v. Kelly Storage & Distributing Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Spencer & Co. v. BrownAppellate Terms of the Supreme Court of New York · 1913
3 more not listed; retrieve them via the Exa API.