Redfield v. Middleton
The Superior Court of New York City
Appeal from an order overruling a demurrer to the amended, complaint in this action. A former decision upon the original complaint is reported in 1 Bosw., 649. Tire plaintiff subsequently served an amended complaint, the allegations of which are sufficiently stated in the opinions.
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Appeal from an order overruling a demurrer to the amended, complaint in this action. A former decision upon the original complaint is reported in 1 Bosw., 649. Tire plaintiff subsequently served an amended complaint, the allegations of which are sufficiently stated in the opinions. The cause was heard upon the demurrer, before Mr. Justice White, at a special term in December, 1862, who sustained the complaint, delivering the following opinion: White, J. The defendant demurs to the amended complaint in this action, on the ground that it does not set forth facts sufficient to constitute a cause…
1Opinion of the Court
By the Court.*—Bosworth, Ch. J.
According to the allegations in the complaint, all of which the defendant, by demurring, admits to be true, the plaintiff and defendant agreed, orally, in January, 1860, that the defendant should enter upon a designated business as soon as he could effect a specified purchase; that the plaintiff was to make certain contributions to such business, and give to it his time and personal attendance. The defendant was to pay him a salary, the amount of which was to be fixed subsequently, to commence at the time of such purchase ; and on the first of January, 1864, the…
2Cases cited1 opinion
- Redfield v. MiddletonThe Superior Court of New York City · 1860