Harbeck v. . Pupin
New York Court of Appeals
Appeal from judgment of the General Term of the Supremo-Court in the first judicial department, entered upon an order made February 19, 1890, which affirmed a judgment in favor of plaintiff, overruling a demurrer to the complaint entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment against Whitaker, Batterskall and Grainger is a bar to this action.
Read the full summary
Appeal from judgment of the General Term of the Supremo-Court in the first judicial department, entered upon an order made February 19, 1890, which affirmed a judgment in favor of plaintiff, overruling a demurrer to the complaint entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment against Whitaker, Batterskall and Grainger is a bar to this action. (Robertson v. Smith, 18 Johns. 459; Oakley v. Aspinwall, 4 N. Y. 542; Olmstead v. Webster, 8 id. 413; Suydam v. Barber, 18 id. 468 ;…
1Opinion of the CourtO’Brien, J.
The question presented by this appeal arises upon a demurrer that the complaint upon its face does not state facts sufficient to constitute a cause of action. The complaint states that the defendants’ testator, with three other persons, all of them constituting a partnership firm, on the 19th of August, 1885, made and delivered to the plaintiff a note for $30,737.50, payable one day after date to the plaintiff or order. That the note was not paid and, on the 21st of September, 1885, the three other makers, who signed the note with the defendants’ testator, confessed judgment thereon in the…
2Cases cited4 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Pope v. . ColeNew York Court of Appeals · 1873
- Delafield v. . BradyNew York Court of Appeals · 1888
- Olmstead v. . WebsterNew York Court of Appeals · 1853
3Cited by10 opinions
- Heckemann v. . YoungNew York Court of Appeals · 1892
- Hotopp v. . HuberNew York Court of Appeals · 1899
- S. S. Kresge Co. v. City of New YorkNew York Supreme Court · 1949
- Mertens v. RocheAppellate Division of the Supreme Court of the State of New York · 1899
- Boyce Hardware Co. v. SaundersNew York Supreme Court · 1922
5 more not listed; retrieve them via the Exa API.