Conkling v. Gandall
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was against Burdick, Finn and Gandall. The complaint averred that the defendants, Burdick and Finn, made their certain copartnership promissory note in the words and figures following, that is to say: “Fort Edward, July 11 ¿4, 1858. “§256.58. Four months after date, for value received, we promise to pay to the order of J. K. Gandall, two hundred and fifty-six dollars and fifty-eight cents, at the Bank of Fort Edward, with…
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Appeal from judgment of Supreme Court. The action was against Burdick, Finn and Gandall. The complaint averred that the defendants, Burdick and Finn, made their certain copartnership promissory note in the words and figures following, that is to say: “Fort Edward, July 11 ¿4, 1858. “§256.58. Four months after date, for value received, we promise to pay to the order of J. K. Gandall, two hundred and fifty-six dollars and fifty-eight cents, at the Bank of Fort Edward, with interest. . BUBDICK & FIETE.” The said note was indorsed as follows : “ J. E. Gandall, Salem, Washington Co., E. Y.” That…
1Opinion of the CourtWeight, J.
This judgment; I think, cannot be sustained. A complaint, under the Code, must contain “ a plain and concise statement of the facts constituting a cause of action” (Code, § 142), and it may be demurred to if it does not. (§ 144.) Ho cause of action was stated against the defendant Gandall. The only allegation affecting him is, that he indorsed a promissory note for $256.58, made by the firm of Burdick & Finn, payable to his order at the bank of Fort Edward, four months after date, which the plaintiffs own and hold. This is not stating a cause of action against an indorser. The mere fact of…
2Cases cited2 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Keteltas v. . MyersNew York Court of Appeals · 1859
3Cited by9 opinions
- Tooker v. . ArnouxNew York Court of Appeals · 1879
- Goodwin v. CobeCity of New York Municipal Court · 1898
- Palmer v. BrookAppellate Division of the Supreme Court of the State of New York · 1930
- Burke v. GotliebNew York Supreme Court · 1959
- Dart v. FitchNew York Supreme Court · 1881
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