Farrar v. Lee
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Homer Lee, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 28th dajr of April, 1896, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint, with notice of an intention to bring up for review upon such appeal the decision of the court and an order entered in…
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Appeal by the defendant, Homer Lee, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 28th dajr of April, 1896, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint, with notice of an intention to bring up for review upon such appeal the decision of the court and an order entered in the clerk’s office of the county of Hew York on the 28th day of April, 1896, overruling said demurrer.
1Opinion of the Court
Rumsey, J.:
The complaint alleges in substance that on the 2d of July, 1891, one Michael Tanner delivered to John C. Whitehead his bond, under seal, whereby, for a certain consideration, he bound himself to pay John C. Whitehead the sum of $1,000 on the 2d day of July, 1897, with interest, payable semi-annually, with the further provision that the whole principal sum should become due upion default in paying the interest for thirty days after notice. The complaint further alleged that the interest on the bond which became due on the 2d day of January, 1895, was not paid; that thirty days had…
2Cases cited4 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Whitford v. . LaidlerNew York Court of Appeals · 1883
- Rector of St. James' Church v. HuntingtonNew York Supreme Court · 1894
3Cited by7 opinions
- Sanger v. WarrenTexas Supreme Court · 1898
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Gray Lithograph Co. v. American Watchman's Time Detector Co.Appellate Terms of the Supreme Court of New York · 1904
- City Trust v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Baker v. KilburnNew York Supreme Court · 1912
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