Olcott v. . Carroll
New York Court of Appeals
This is an appeal from a judgment of the General Term of the Third Judicial District, affirming a judgment in favor of the Plaintiff against the Defendant for the sum of $4,728.79, entered upon the 31st day of March, 1863. The Defendant demurred to the complaint, on the ground of insufficiency. This demurrer was overruled at Special Term, and leave given to answer within twenty days, on serving affidavit of merits. The Defendant appealed from this order to the General Term.
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This is an appeal from a judgment of the General Term of the Third Judicial District, affirming a judgment in favor of the Plaintiff against the Defendant for the sum of $4,728.79, entered upon the 31st day of March, 1863. The Defendant demurred to the complaint, on the ground of insufficiency. This demurrer was overruled at Special Term, and leave given to answer within twenty days, on serving affidavit of merits. The Defendant appealed from this order to the General Term. The order was affirmed, and the Defendant having failed to answer, ,the judgment above mentioned was entered and…
1Opinion of the Court
The only question raised by the demurrer to the complaint in this action is, whether the averment that the defendent has received from Weed and others, under and by virtue of their agreement with the defendant herein before set forth, the sums of money specified "as paid for and on account of his right, title and interest, of, in and to said contract herein before set forth," states a fact which entitles the plaintiff to recover from the defendant.
The contract referred to entitled the defendant to receive from Weed and others six per centum of certain amounts to accrue from the publication of…
2Cited by15 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Burr v. BoyerNebraska Supreme Court · 1873
- People v. McCallumNebraska Supreme Court · 1871
- Rhodes v. CritesNebraska Supreme Court · 1962
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
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