Mahar v. Harrington Park Villa Sites
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Henry W. Mahar against Harrington Park Villa Sites, a corporation, and Laura A. Skinner. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtBijur, J.
Upon the return, the plaintiff pleaded orally: “Money,. ’ had and received, affecting the title of Harrington Park.” The defendant immediately filed a written demurrer. The demurrer was sustained, and the court directed that the plaintiff “file a bill of particulars setting forth his cause of action.” It does not appear from the record that any bill was filed, nor that the cause of action was ever adequately stated.
At the opening of the trial the defendant moved to dismiss, which motion was denied. Under the circumstances, defendant having made-*928due and timely objection in every possible way…
2Cases cited1 opinion
- Samelson v. MayerAppellate Division of the Supreme Court of the State of New York · 1910