Legal Opinion · Dissent

de Cordova v. Sanville

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1914Published

Appeal by the defendant, Arthur J. Sanville, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the - office of the clerk of the county of New York on the 6th day of October, 1914, overruling a demurrer to the complaint.

1Dissent

Ingraham, P. J. (dissenting):

The first cause of action, which was the subject of this demurrer, after alleging the death of the plaintiff’s testator and the issuance of letters to the plaintiff, alleged that plaintiff’s testator delivered to the defendant a check for the sum of $5,000; that said check was paid and the defendant received the proceeds thereof; that the plaintiff’s testator did not owe *132the defendant any money, and was not indebted to the defendant at said time; that the plaintiff has duly demanded payment of said sum of $5,000, but no part thereof has been paid, except the sum…

2Cases cited6 opinions

  1. Nay v. . CurleyNew York Court of Appeals · 1889
  2. Clark v. . DillonNew York Court of Appeals · 1884
  3. Emery v. . PeaseNew York Court of Appeals · 1859
  4. Grey v. . GreyNew York Court of Appeals · 1872
  5. Jacobs v. Monaton Realty Investment Corp.New York Court of Appeals · 1914

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