Hammel v. Washburn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emma H. Washburn, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of April, 1899, upon the decision of the court rendered after a trial at the New York Special Term overruling her demurrer to the plaintiff’s complaint.
1Opinion of the Court
Barrett, J.:
The demurrer here presents but a trivial point, and yet it seems to be well taken. The action is against the maker and indorser of a promissory note. The indorser demurs upon the ground that notice of demand and non-payment is not averred. Presentment, demand of payment, refusal and protest are averred. These words then follow, “ of all of which the defendant had due notice.” Not, it will be observed, the defendant indorser or the defendants, but *120the defendant. Which defendant, then % The defendant spoken of immediately before these allegations of protest is the defendant Wilbur,…
2Cases cited1 opinion
- Clark v. . DillonNew York Court of Appeals · 1884
3Cited by2 opinions
- American Metal Co. v. NeumannAppellate Division of the Supreme Court of the State of New York · 1918
- Kraus v. AgnewAppellate Division of the Supreme Court of the State of New York · 1903