Belden v. Wilkinson
New York Supreme Court
Demurrers by plaintiff to separate affirmative defenses pleaded by defendants.
1Opinion of the CourtMcAdam, J.
The plaintiff, by his amended complaint, sues the defendants as trustees under the last will and testament of Frank Wilkinson, deceased, for an unpaid balance on an oral contract alleged to have been made with the decedent for the sale of certain land in Connecticut. In their amended answer the defendants, after putting in issue the material allegations of the amended complaint, set np four affirmative defenses, and the plaintiff demurs to each defense on the ground that it is insufficient in law upon the face thereof.
It must be assumed that the new matter constituting each defense is pleaded…
2Cases cited16 opinions
- Manuel v. WulffSupreme Court of the United States · 1894
- Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
- Reed v. . ChilsonNew York Court of Appeals · 1894
- Thompson v. . HalbertNew York Court of Appeals · 1888
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3Cited by2 opinions
- Suwa v. JohnsonCalifornia Court of Appeal · 1921
- Gittings v. RusselNew York Supreme Court · 1906