Oishei v. Craven
Superior Court of Buffalo
Demurrer to complaint, upon the ground that it does not state facts constituting a cause of action.
1Opinion of the CourtHatch, J.
The pleading is upon a promissory note and is in attempted compliance with section 534, Code. It jvrst alleges that on a given date defendant for value made and. delivered his promissory note to one Vend ello. It then sets out the note:
Buffalo, N. V., December 29, 1893.
“ Six months after date I promise to pay to*the order of M. - Vendello three hundred and thirty-one ($331.02) dollars and two cents at Third National Bank, Buffalo, N. T. Value received. J. B, Graver.”
Second, alleges that on or about the 20th day of February, 1894, said note was “assigned, transferred, delivered and indorsed ”…
2Cases cited3 opinions
- Keteltas v. . MyersNew York Court of Appeals · 1859
- Bowery National Bank v. . DuryeeNew York Court of Appeals · 1878
- Vogle v. KirbyCity of New York Municipal Court · 1888
3Cited by2 opinions
- McKee v. JessupAppellate Division of the Supreme Court of the State of New York · 1901
- Didato v. ConiglioNew York Supreme Court · 1906