Minzesheimer v. Bruns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Minzesheimer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27tli day of November, 1895, upon the dismissal of the complaint directed by the court after a trial at the New York Circuit before the court and a jury. The action was brought to recover the amount of a disputed claim against the estate of Philip C. Bruns.
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Appeal by the plaintiff, Charles Minzesheimer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27tli day of November, 1895, upon the dismissal of the complaint directed by the court after a trial at the New York Circuit before the court and a jury. The action was brought to recover the amount of a disputed claim against the estate of Philip C. Bruns. The complaint alleged that the deceased in his lifetime was indebted to the filin' of Wasserraann Brothers in the sum of §7,126.40; “that no part of said sum was…
1Opinion of the Court
Barrett, J.:
The plaintiff’s cause of action is well pleaded. The only objection upon the merits which the defendant takes to it is the failure to allege non-payment to the assignors between the time of the decedent’s death and the assignment. Even if the rule that payment is a defense, and must be pleaded, were inapplicable, the plaintiff sufficiently meets the objection. He alleges that no part of the sum in question was ever ¡laid to him by any one, or was ever paid to the assignors by the decedent. He further alleges that the defendant, upon presentation of this claim, duly verified,…
2Cases cited4 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Hayden v. . PierceNew York Court of Appeals · 1895
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Sands v. St. JohnNew York Supreme Court · 1862
3Cited by3 opinions
- Hoffman v. MittlemannCity of New York Municipal Court · 1933
- Schenck v. State Line Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of EdgarNew York Surrogate's Court · 1933