Niblo v. Harrison
The Superior Court of New York City
Demurrer to complaint. The action was on a promissory note. The allegations of the complaint were in the following form : “ That on-, at-, the defendant made his promissory note, dated on the day last named; whereby, on demand, he promised to pay to the plaintiff or his order-dollars, for value received, and then and there delivered said note to the plaintiff.
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Demurrer to complaint. The action was on a promissory note. The allegations of the complaint were in the following form : “ That on-, at-, the defendant made his promissory note, dated on the day last named; whereby, on demand, he promised to pay to the plaintiff or his order-dollars, for value received, and then and there delivered said note to the plaintiff. And the defendant, though often requested, has not paid the said note, or any part thereof, and the whole amount thereof is now remaining due and unpaid. “ Wherefore,” &c. The defendant demurred, on the ground that the complaint did not…
1Opinion of the CourtSlossom, J.
—The demurrer is general, that the complaint does not state facts sufficient to constitute a cause of action.
The facts stated are: that the defendant made the note sued upon, whereby he promised to pay a certain sum to the plaintiff or his order, on demand; and that he delivered the note to the plaintiff; and that the defendant, though often requested, has not paid the note, .and that the whole amount *452thereof is due and unpaid ; wherefore the plaintiff demands judgment.
It is objected that the complaint does not show that the plaintiff is the party in interest, and that the money payable by…
2Cases cited2 opinions
- Catlin v. GunterThe Superior Court of New York City · 1852
- Appleby v. ElkinsThe Superior Court of New York City · 1849
3Cited by2 opinions
- First National Bank v. StalloAppellate Division of the Supreme Court of the State of New York · 1914
- Dart v. Van HornNew York Supreme Court · 1909