Wilkenfeld v. Lynn
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant sustaining a demurrer, rendered in the Municipal Court of the city of ¡New York, fifth district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
Upon the return day of the summons, the parties appeared, and the plaintiff complained orally of the defendant as follows: “Money paid under duress.” The defendant interposed a written, demurrer, demurring to the complaint upon the ground “ that it appears upon the face of the complaint that the court has not jurisdiction of the subject of the action.” This demurrer was sustained and judgment rendered in favor of the defendant dismissing the complaint, with costs. The sufficiency of the complaint is not questioned by the demurrer, but solely the jurisdiction of the court. That the Municipal…
2Cases cited4 opinions
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
- Briggs v. . BoydNew York Court of Appeals · 1874
- Pache v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1904
- Devery v. Winton Motor Carriage Co.Appellate Terms of the Supreme Court of New York · 1906
3Cited by1 opinion
- James C. McGuire & Co. v. H. G. Vogel Co.Appellate Terms of the Supreme Court of New York · 1914