Crowley v. La Brake
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis La Brake, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Franklin on the 16th day of August, 1911, giving the plaintiff leave to serve an amended complaint.
1Opinion of the Court
Houghton, J.:
After issue had been joined by the service of an answer the pártiés stipulated for a reference to hear and determine. On the cause coming on for trial before the referee the defendant orally demurred to the third cause of action on the ground that it did not state facts constituting a cause of action because it was not stated that the plaintiff paid the- note in question in pursuance of his guaranty or became the owner of the note before the action was commenced. The referee sustained the demurrer and directed the entry of an interlocutory judgment thereon, which was done.…
2Cases cited2 opinions
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Cashman v. ReynoldsNew York Supreme Court · 1890