Thompson v. . Halbert
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1886, which reversed a judgment in favor of plaintiff, entered upon an order sustaining a demurrer to one of the defenses set up in the answer herein and which overruled said demurrer. (Reported below, 40 Hun, 536.) The nature of the action and the substance of the averments in that portion of the answer demurred to are set forth in-the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 1, 1886, which reversed a judgment in favor of plaintiff, entered upon an order sustaining a demurrer to one of the defenses set up in the answer herein and which overruled said demurrer. (Reported below, 40 Hun, 536.) The nature of the action and the substance of the averments in that portion of the answer demurred to are set forth in-the opinion. A partial defense can be pleaded now, simply because section 508 of the Code authorizes such a plea. (Pom. Rem. § 607;…
1Opinion of the CourtFinch, J.
This action was brought to recover damages for the conversion by the defendants of two notes and the mortgages which secured them. The first cause of action pleaded respects a note and mortgage upon land in Kansas, dated in 1871, and, as an answer to that, the defendants alleged in their seventh defense, that by the laws of that state in which the maker of the note resided and the land was located, the note and mortgage were barred by the statute of limitations, and that no action could now be maintained thereon. To this answer the plaintiff demurred, on the ground that it was insufficient in…
2Cases cited3 opinions
- Booth v. . PowersNew York Court of Appeals · 1874
- Matthews v. BeachThe Superior Court of New York City · 1841
- Matthews v. Moses S.New York Court of Appeals · 1853
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- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Golden v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1897
- Bingham v. GaynorAppellate Division of the Supreme Court of the State of New York · 1910
- Lapetina v. SantangeloAppellate Division of the Supreme Court of the State of New York · 1908
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