Colby v. Colby
New York Supreme Court
Appeal from special term. Action by Phoebe T. Colby against Edward Colby, guardian, etc., impleaded with others. From an interlocutory judgment entered on a decision sustaining a demurrer to the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtLewis, J.
The demurrer was sustained, as appears from the opinion of the trial court printed in the case, upon two grounds: (1) That the complaint fails to state a cause of action; (2) that there is a defect of parties, in that the personal representatives are not made parties defendant.
In construing a pleading demurred to, all reasonable intendments will be indulged in for its support. Lorillard v. Clyde, 86 N. Y. 385. Guided by this rule in construing this complaint, we are of the opinion that it states a cause of action,—not, perhaps, the one that the pleader had in mind when he prepared the…
2Cases cited2 opinions
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Horton v. . CantwellNew York Court of Appeals · 1888
3Cited by10 opinions
- Gates v. GatesAppellate Division of the Supreme Court of the State of New York · 1898
- Fogle v. St. Michael ChurchSupreme Court of South Carolina · 1896
- Hurwitz v. HurwitzAppellate Division of the Supreme Court of the State of New York · 1926
- Erlanger v. ErlangerNew York Supreme Court · 1918
- Gates v. GatesAppellate Division of the Supreme Court of the State of New York · 1898
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