First National Bank v. Stallo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edmund K. Stallo and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of November, 1913, overruling their demurrer to the complaint, the issue of law having been brought on as a contested motion pursuant to notice under section 547 of the Code of Civil Procedure.
1Opinion of the Court
Laughlin, J.:
The sole ground of the demurrer is that the complaint does not' state facts sufficient to constitute a cause of action. The complaint is on a promissory note, and excluding the allegation to the effect that the plaintiff is a national banking corporation and the prayer for relief, the allegations of the com*703plaint are comprised in seven lines of the record. Such unusual brevity in pleading merits the commendation of the court, and although on a casual examination it seemed to some of us that a material allegation was omitted, yet on further consideration we are of opinion that the…
2Cases cited12 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Burrall v. De GrootThe Superior Court of New York City · 1856
- Bank of Lowville v. EdwardsNew York Supreme Court · 1855
- Pryce v. JordanCalifornia Supreme Court · 1886
- Peets v. BrattNew York Supreme Court · 1849
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3Cited by8 opinions
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- First Nat. Bank of Tucumcari v. LutzNew Mexico Supreme Court · 1923
- James Conforti Construction Co v. Neek Realty Corp.Appellate Terms of the Supreme Court of New York · 1925
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