Spear v. Downing
New York Supreme Court
Appeal by defendants from order of special term overruling demurrer to complaint. The complaint alleged that one Benjamin Marshall, in consideration of the services therein mentioned, made and delivered to the said plaintiff, then a single woman by the name and description of Miss Alice Yourt, his promissory note or instrument in writing, in the words and figures following; Troy, August 4th, 1846. I hereby agree to pay Miss Alice Yourt twenty dollars per month, during her…
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Appeal by defendants from order of special term overruling demurrer to complaint. The complaint alleged that one Benjamin Marshall, in consideration of the services therein mentioned, made and delivered to the said plaintiff, then a single woman by the name and description of Miss Alice Yourt, his promissory note or instrument in writing, in the words and figures following; Troy, August 4th, 1846. I hereby agree to pay Miss Alice Yourt twenty dollars per month, during her natural life, for her attention to my son, John Stanton Marshall. Benjamin Marshall. The complaint then proceeded to…
1Opinion of the Court
. By the Court.*—Hogeboom, J.—I
—I think the complaint is not insufficient for either of the specific defects named in the demurrer. I think the fair inference is, that the services or atten*442tions had been already rendered. The omission to state their nature, extent, and value, if necessary to be stated, was a defect to be reached by motion, under section 160 of the Code, and not by demurrer.
But I think substantial and radical defects in the complaint may still be reached under the general allegation that the complaint does not state facts sufficient to constitute a cause of action. (Code, §…
2Cases cited6 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Wilson v. Baptist Education SocietyNew York Supreme Court · 1851
- Durkee v. Saratoga & Washington Rail RoadNew York Supreme Court · 1849
- Connecticut Bank v. SmithNew York Supreme Court · 1859
- Goulding v. DavidsonNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- State ex rel. MacKenzie v. CasteelIndiana Supreme Court · 1887
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Johansson v. KempAppellate Division of the Supreme Court of the State of New York · 1925
- Clark v. DillonNew York Court of Common Pleas · 1882
4 more not listed; retrieve them via the Exa API.