White v. Kuntz
New York Court of Common Pleas
Appeal from an interlocutory judgment of this court sustaining a demurrer to a complaint. The action was brought by plaintiff on his own behalf and on behalf of other creditors of Joseph Kuntz and Louis F. Kuntz, who had been co-partners in business under the firm name of J. & L. F. Kuntz, and who had entered into a composition agreement with their creditors, including plaintiff, whereby they agreed to pay to each creditor in full satisfaction of bis debt one third of the…
Read the full summary
Appeal from an interlocutory judgment of this court sustaining a demurrer to a complaint. The action was brought by plaintiff on his own behalf and on behalf of other creditors of Joseph Kuntz and Louis F. Kuntz, who had been co-partners in business under the firm name of J. & L. F. Kuntz, and who had entered into a composition agreement with their creditors, including plaintiff, whereby they agreed to pay to each creditor in full satisfaction of bis debt one third of the amount due to him, in their notes, to be indorsed by their father, Michael ICuntz. The complaint contained various…
1Opinion of the CourtVan Hoesen, J.
What facts does the complaint contain that constitute a cause of action against Michael Kuntz ?
The complaint does not ask for any relief against him of *290any kind. It simply alleges that Michael Kuntz covenanted and agreed to buy certain notes from the plaintiff, and to pay him a certain sum therefor, and that Michael Kuntz has refused to perform such covenant, insisting that it is unlawful. If the plaintiff claimed damages for the breach of the covenant, of course a cause of action would be set out; but he makes no demand for damages. On the contrary, he asks that the court will compel him to…
2Cases cited2 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Knowlton v. . Congress Empire Spring Co.New York Court of Appeals · 1874
3Cited by1 opinion
- O'Harra v. New York Cent. & H. R. RailroadNew York Supreme Court · 1895