Compton v. Hughes
New York Supreme Court
Appeal from an interlocutory judgment, entered upon an order sustaining a demurrer interposed to tlie complaint. The demurrer was interposed by tbe defendant Hughes to the complaint in this action upon the ground: (1.) That several causes of action have been improperly united. (2.) That the complaint does not state facts sufficient to constitute a cause of action against the defendant Hughes.
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Appeal from an interlocutory judgment, entered upon an order sustaining a demurrer interposed to tlie complaint. The demurrer was interposed by tbe defendant Hughes to the complaint in this action upon the ground: (1.) That several causes of action have been improperly united. (2.) That the complaint does not state facts sufficient to constitute a cause of action against the defendant Hughes. The complaint alleged that the plaintiff was a beneficiary under the will of one Josephine O. 13. Webster, and that the defendants McGuire and Webster are testamentary trustees under said will. That…
1Opinion of the Court
BarNard, P. J.:
The demurrer was properly sustained. The defendant Hughes hired from one Josephine O. B. Webster certain premises in New York at $4,800 per year, and executed to her a covenant to pay that sum. Mrs. Webster died while Hughes was occupying under the lease, and there was rent due. By Mrs. Webster’s will the rents of these premises, during the life of her husband, after paying certain fixed charges thereon, was given to the plaintiff and the defendant Pinto, who is made a defendant because she will not join as a *380plaintiff. The complaint is therefore in legal effect, brought by the…
2Cases cited3 opinions
- Nichols v. . DrewNew York Court of Appeals · 1883
- Thomas v. . Utica Black River R.R. Co.New York Court of Appeals · 1884
- Adair v. . BrimmerNew York Court of Appeals · 1884