Legal Opinion
Newton v. Browne
City of New York Municipal Court
Decided November 15, 1893PublishedCited by 2 opinions
Appeal from order overruling demurrer to the complaint and from judgment entered thereon.
1Opinion of the CourtMcCarthy, J.
The complaint in this action was demurrable. It fails to allege the nonpayment of- the alleged debt of $100. This is an essential allegation. See Lent v. N. Y. & M. R. Co., 130 N. Y. 510, 511, 512 and 513.
The judgment and order overruling demurrer should be reversed, and the demurrer sustained, with costs, with leave to the plaintiff to serve an amended complaint on payment of twenty dollars costs and the costs of this appeal.'
2ConcurrenceVan Wyck, J.
Judgment and order reversed, with costs.
3Cases cited1 opinion
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
4Cited by2 opinions
- Bacon v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1903
- Donald v. GearhardtNew York Supreme Court · 1903