Price v. McClave
The Superior Court of New York City
Appeal by plaintiff from a judgment at Special Term sustaining a demurrer to the complaint. The pleadings and the grounds of demurrer are set forth sufficiently in the opinion of the court.
1Opinion of the CourtBy the Court. Slosson, J.
This is an appeal from a judgment at Special Term sustaining a demurrer to the complaint.
The complaint alleges that the “ defendants are indebted to the plaintiff in a promissory note written in the words and figures following.” A copy of the note here follows. It is subscribed, “John McClave & Co.,” with the prefix “signed,” and is made payable to the order of Henry McClave, and the names Henry McClave and James Cain are subjoined as part of the copy of the instrument, with the prefix “ indorsed.” The complaint then alleges, “that before the note became due and payable, it was passed to the…
2Cases cited3 opinions
- Alder v. BloomingdaleThe Superior Court of New York City · 1852
- Gottsberger v. SmithThe Superior Court of New York City · 1856
- Andrews v. Astor BankThe Superior Court of New York City · 1853
3Cited by2 opinions
- Chemical National Bank v. CarpentierNew York Supreme Court · 1881
- Hood v. HallenbeckNew York Supreme Court · 1876