Jorgensen V. Ministers of Reformed Low Dutch Church of Harlem
New York Court of Common Pleas
Appeal from special term. Action by Hans F. Jorgensen against the Ministers, Elders, and Deacons of the Reformed Low Dutch Church of Harlem and others to reedver for loss of services of plaintiff’s wife. From an interlocutory judgment sustaining a demurrer to part of the answer, .(26 N. Y. Supp. 876,) defendants appeal. Affirmed.
1Opinion of the CourtPryor, J.
Here is an action by a husband for loss of the services and society of his wife, resulting from an injury to her by the wrongful act of the defendant. Among other defenses the appellant alleges that the cause of action did not accrue within three years; and to this plea the respondent demurs, “for that it does not set forth facts sufficient to constitute a' defense.” . The demurrer was sustained, and from the interlocutory judgment on the order -upholding the demurrer the defendant appeals.
Obviously, the demurrer is not in the form prescribed by the Code, *319(section 494,) namely, that the…
2Cases cited10 opinions
- Clifford v. . DamNew York Court of Appeals · 1880
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Irvine v. . WoodNew York Court of Appeals · 1872
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Cutler v. . WrightNew York Court of Appeals · 1860
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