Legal Opinion

Stemmler v. . Alsdorf

New York Court of Appeals

Decided November 12, 1918PublishedCited by 2 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1916, which affirmed a final judgment sustaining a demurrer to and dismissing the' complaint entered after reversal by said Appellate Division of an order of Special Term overruling said demurrer. (See 167 App. Div. 663.) The nature of the action and the facts, so far as material, are stated in the opinion.

1Opinion of the Court

Hiscock, Ch. J.

In a complaint purporting to set forth two causes of action plaintiff sought to recover a sum of money from defendants on the theory that they had received and held said moneys for his benefit. The first count of the' complaint set forth at length the facts which it was supposed by the plaintiff entitled him to a recovery. The second one alleged in short and general form the receipt and collection by defendants of the sum of money in question for the benefit of plaintiff and that they retained and refused to pay over the same in spite of demand duly made.

The defendants demurred…

2Cases cited3 opinions

  1. Chapman v. . ForbesNew York Court of Appeals · 1890
  2. Abbey v. . WheelerNew York Court of Appeals · 1902
  3. McNamara v. . GoldanNew York Court of Appeals · 1909

3Cited by2 opinions

  1. Noble v. . KendallNew York Court of Appeals · 1919
  2. Castex Fire Proof Door Co. v. SheftmanCity of New York Municipal Court · 1937

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