Ewald v. Faulhaber Stable Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a final judgment of the City Court of the city of New York, overruling defendant’s demurrer to an amended complaint and awarding damages and costs.
1Opinion of the CourtSeabury, J.
The complaint alleges that the defendant drew a check upon the Commercial Trust Company, to the order of A. Ewald, Jr., and delivered the check to the payee; that thereafter the payee died and the said check was presented for payment to the Commercial Trust Company and payment was refused; that letters testamentary were issued to the plaintiff, and that there now remains due and unpaid from the defendant to the plaintiff the sum of $550. The defendant demurred to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. The court below overruled…
2Cited by3 opinions
- Spear v. Associated Producing & Refining Corp.New York Supreme Court · 1923
- Kuflick v. GlasserAppellate Terms of the Supreme Court of New York · 1909
- McCrae v. SpiresSupreme Court of South Carolina · 1922