Campbell v. . Foster
New York Court of Appeals
• The appeal is from a judgment of the Supreme Court, rendered on demurrer to the plaintiff’s complaint. The complaint is given, in substance, in the following opinion. The defendant, Mary E. Foster, and the defendants, Hoguet and Getty, put in separate demurrers, assigning as grounds of demurrer: 1st. That the complaint does not state facts sufficient to constitute a cause of action. 2d. That the plaintiff has no legal capacity to sue. 3d.
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• The appeal is from a judgment of the Supreme Court, rendered on demurrer to the plaintiff’s complaint. The complaint is given, in substance, in the following opinion. The defendant, Mary E. Foster, and the defendants, Hoguet and Getty, put in separate demurrers, assigning as grounds of demurrer: 1st. That the complaint does not state facts sufficient to constitute a cause of action. 2d. That the plaintiff has no legal capacity to sue. 3d. That there is a defect of parties plaintiffs and defendants. Judgment on the demurrer was given for the defendants at the Special Term. The plaintiff…
1Opinion of the CourtWright, J.
The action was by the plaintiff in the character of receiver of the property of Mary E. Foster, to subject to the payment of a judgment recovered against him by A. T. Stewart and others, the income of a trust fund created by the will of her father, for her use. Miss Foster, and Hoguet and Getty, averred to he her two trustees under the will, were impleaded as defendants. The complaint alleged that on the 3d day xof December, 1856, Alexander T. Stew art & Go. recovered a judgment against her, in the Hew York Court of Common Pleas, for $3,031; that the judgment was on the same day duly filed…
2Cases cited6 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Graff v. . BonnettNew York Court of Appeals · 1865
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Degraw v. ClasonNew York Court of Chancery · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Jourolmon v. MassengillTennessee Supreme Court · 1887
- Williams v. . ThornNew York Court of Appeals · 1877
- Weller v. NoffsingerNebraska Supreme Court · 1899
- Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
- Martin v. DavisIndiana Supreme Court · 1882
38 more not listed; retrieve them via the Exa API.