Marshall v. Rockwood
New York Supreme Court
Demurrer to complaint. The action was brought by the payee of a note against the maker. The complaint contained a copy of the note, as follows :— “ Troy, Oct. 11,1854.—Four months after date, I promise to pay to the order of G. N. Marshall, three hundred dollars, at the Farmers’ Bank—value received. $300. G. G. Rockwood.”
Read the full summary
Demurrer to complaint. The action was brought by the payee of a note against the maker. The complaint contained a copy of the note, as follows :— “ Troy, Oct. 11,1854.—Four months after date, I promise to pay to the order of G. N. Marshall, three hundred dollars, at the Farmers’ Bank—value received. $300. G. G. Rockwood.” And averred that there was due to the plaintiff thereon the sum of $300, with interest from the 14th day of February, 1855, for which sum the plaintiff claimed judgment. To this complaint the defendant demurred, and alleged, for cause of demurrer, that it did not state facts…
1Opinion of the Court
Harris, Justice.
The last clause of the I62d section of the Code, declares that, “ in an action founded upon an instrument for the payment of money only, it shall be sufficient to give a copy of the instrument, and to state, that there is due to the plaintiff thereon a specified sum, which he claims. This is such an action. It is founded entirely on an instrument for the payment of money only; and the plaintiff has, in his complaint, brought himself within the very letter of the provision cited. Had there been no such provision, it would have been enough for the plaintiff to have given, in his…
2Cases cited1 opinion
- Alder v. BloomingdaleThe Superior Court of New York City · 1852
3Cited by4 opinions
- Andrews v. WynnSouth Dakota Supreme Court · 1893
- Palmer v. BrookAppellate Division of the Supreme Court of the State of New York · 1930
- Scott v. EsterbrooksSouth Dakota Supreme Court · 1894
- Burke v. GotliebNew York Supreme Court · 1959