Averill v. Patterson
New York Court of Appeals
Appeal by the defendant, from a judgment of the supreme court in the eighth district, rendered in favor of the plaintiffs, on demurrer. The facts are fully stated in the opinion of Mason, J. The cause was submitted, here, by
1Opinion of the CourtMason, J.
This case comes before the court on appeal from a judgment of the supreme court on a demurrer to the plaintiffs’ reply.
The complaint is upon a promissory note. The answer sets up a former suit upon the same cause of action, pending at the time of the commencement of this action. The plaintiff alleges in°his reply, that the former suit was discontinued by a notice in writing to that effect served upon the defendant before the answer in this cause was verified or served upon the attorney of the plaintiffs.
To this reply the defendant demurs and states the following causes of demurrer: 1. The…
2Cases cited3 opinions
- M'Kenster v. Van ZandtNew York Supreme Court · 1828
- Bedell v. PowellNew York Supreme Court · 1852
- Leonard v. SlaughterNew York Supreme Court · 1813
3Cited by2 opinions
- Casey v. . JanesNew York Court of Appeals · 1868
- Casey v. JanesNew York Court of Appeals · 1868