Kraft v. Rice
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Samuel M. Rice, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of New York on the 26th day of May, 1899, upon the decision of the court, rendered after a trial at the New York Special Term, overruling his demurrer to the complaint.
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Appeal by the defendant, Samuel M. Rice, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of New York on the 26th day of May, 1899, upon the decision of the court, rendered after a trial at the New York Special Term, overruling his demurrer to the complaint. The complaint demurred to reads as follows: “ The plaintiff above named, by Lewis ¡ML Scheuer, his attorney, complaining of the defendant herein, respectfully shows to this Court and alleges upon information and belief : ■ “ First.- That on or about the 17th…
1Opinion of the Court
O’Brien, J.:
We agree with the court below in the formulation of the rule relating to the sufficiency of a pleading on contract, that if it clearly sets,. *571forth a contract and its breach, even though the theory of damages predicated thereon may be erroneous, it is a statement of a good cause of action.
The difficulty, however, with this complaint, is that there is no allegation of a breach. The whisky having been pledged to the defendant, was rightfully in his possession and was there to remain until a certain note was paid. Though the payment of the note is alleged, there is no allegation of a…
2Cases cited1 opinion
- Havemeyer v. FullerThe Superior Court of New York City · 1881
3Cited by5 opinions
- Warfield v. BassoCalifornia Court of Appeal · 1923
- Ziegler v. Mancuso & Alessio, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Rothery v. PoundsNebraska Supreme Court · 1948
- Williams v. ConnersAppellate Division of the Supreme Court of the State of New York · 1900
- Dill v. Farmers Co-operative Co.Nebraska Supreme Court · 1937