Hellier v. Lord
Supreme Court of New Jersey
On demurrer to declaration. This is a demurrer to three counts of the declaration, the same being the first, fifth and sixth counts.
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On demurrer to declaration. This is a demurrer to three counts of the declaration, the same being the first, fifth and sixth counts. The substance of the first of these was thus expressed, that the plaintiff “ complains for that whereas the said defendant, George K,. Lord, personally and as executor as aforesaid, on the 16th June, 1892, in the county of Monmouth aforesaid, became, was and is indebted to the plaintiff, as endorser personally,.and as maker as the executor of the last will and testament of Mary E. Lord, on the promissory notes hereto annexed in the sum of $29,38948/100_” Then…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
This is a demurrer to those three counts of the declaration which are recited in the statement prefixed to this opinion. A glance at this series of pleadings will make it manifest that unless it can be shown that they comprehend incompatible causes of action, the general objection that is here interposed cannot be sustained. It will be observed that the last two counts are in the common form, the one for work and labor and the other for money had and received, and each of them sets up a liability of the de*369fendant, in his personal…
2Cited by3 opinions
- First National Bank v. ThompsonNew Jersey Court of Chancery · 1901
- Shipman v. LordNew Jersey Court of Chancery · 1899
- Trust Co. v. BreamSupreme Court of New Jersey · 1933