Effray v. Masson
New York Court of Common Pleas
Appeal from city court, general term. Action by Melanie Effray against Marie E. Masson, administratrix of Marie Ann Thuillier, deceased. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
In limine, the respondent urges a point which, if well taken, disposes of the case adversely to the appellant. The contention is that the answer presents no defense to the action; and that, therefore, the exceptions to evidence relied on for reversal are ineffectual to the purpose. It seems, indeed, that no material allegation of the complaint is controverted; but then, at the trial, respondent made no motion for judgment on the pleadings; *354treated the answer as sufficient; recognized the necessity of proving her case; gave in her evidence; and, without objection, allowed appellant to enter on…
2Cases cited5 opinions
- Knapp v. . SimonNew York Court of Appeals · 1884
- Newton v. . HarrisNew York Court of Appeals · 1852
- Starks v. PeopleNew York Supreme Court · 1847
- Carpenter v. . WardNew York Court of Appeals · 1864
- Morgan v. FreesNew York Supreme Court · 1852
3Cited by4 opinions
- Alfred Shrimpton & Sons, Ltd. v. DworskyNew York Court of Common Pleas · 1892
- Hertz v. MinzesheimerNew York Court of Common Pleas · 1895
- Dudley v. SatterleeCity of New York Municipal Court · 1894
- Western Nat. Bank v. FlannaganNew York Court of Common Pleas · 1895