Gallway & Co. v. Golliek & Smith, Inc.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Gallway & Co. against Golliek & Smith, Incorporated. From a judgment for plaintiffs, and from an order overruling a demurrer to the amended complaint, defendant appeals. Reversed, and demurrer sustained.
1Per curiam
The failure of the complaint to allege nonpayment of the notes sued upon rendered the complaint demurrable. *469Wright v. Deering, 2 Misc. Rep. 296, 21 N. Y. Supp. 929; Lafayette Trust Co. v. Lacher, 139 App. Div. 797, 124 N. Y. Supp. 401.
Judgment reversed, with costs, and demurrer sustained, with leave to serve an amended complaint upon payment of costs in this court and $5 costs in the court below within six days after service of a copy of the order entered herewith with notice of entry.
2Cases cited2 opinions
- Wright v. DeeringNew York Court of Common Pleas · 1893
- Lafayette Trust Co. v. LacherAppellate Division of the Supreme Court of the State of New York · 1910