Devoe v. Lutz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen W. Devoe, from an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Kings on the 21st day of January, 1909, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the plaintiff’s demurrer to certain affirmative defenses contained in the said defendants’ amended answer.
1Opinion of the Court
Burr, J.:
This appeal is from an interlocutory judgment overruling plaintiff’s demurrer to two defenses contained in the answer of the defendants Lutz and Bohlfs, one of which pleads the six and the other the ten years’ Statute of Limitations'. Upon the argument the sufficiency of the complaint was attacked, and it, therefore, becomes necessary for us in the first instance to determine whether it states facts sufficient to constitute a cause of action. (Baxter v. McDonnell, 154 N. Y. 432; Lewis v. Cook, 150 id. 163; People v. Booth, 32 id. 397.) The plaintiff alleges that his wife, Amanda M.…
2Cases cited9 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Brown v. . SpohrNew York Court of Appeals · 1904
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Mabie v. . BaileyNew York Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re the Judicial Settlement of the Account of KaupperAppellate Division of the Supreme Court of the State of New York · 1910
- City of New York v. Coney Island Fire Department of GravesendAppellate Division of the Supreme Court of the State of New York · 1940
- Pagano v. PaganoNew York Supreme Court · 1955
- Lynch v. Wells Fargo Bank & Union Trust Co.California Court of Appeal · 1931
- In re the Estate of HaaseNew York Surrogate's Court · 1940
8 more not listed; retrieve them via the Exa API.