Cemetery Board of Hyde Park v. Teller
New York Supreme Court
The action is brought to recover $200, the liquidated damages for non-performance of a contract to convey lands. The notice in the summons states that if defendants fail to answer, the plaintiffs will apply to the court for the relief demanded in the complaint. The defendants move to- set aside the summons for not conforming to the complaint.
1Opinion of the Court
Barculo, Justice.
I must admit that I never was very strongly impressed with the correctness of the decisi'on in Williams agt. Miller, (4 How. 94,) where it was held that an action for a breach of promise of marriage fell under the first subdivision of section 129, as being on a contract for the recovery of money only. On the contrary, it seemed to me that the contract was for something quite different; and indeed, that money did not enter into it, directly, at all. Nor do I suppose that the plaintiff should be permitted to take judgment without *505applying to the court, in case of a breach of a…
2Cited by2 opinions
- McMullin v. MackeyNew York Supreme Court · 1889
- Gordon v. GaffeyNew York Supreme Court · 1859