Nichols v. Riley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William W. Nichols and another, from an interlocutory judgment of the Supreme Court in favor of -the defendant John B. Biley, entered in the office of the clerk of the county of Clinton- on the 3d clay of August, 1906, upon - the decision of the court, rendered after a trial at the Clinton Special Term, overruling the plaintiffs’ demurrer to the counterclaims set forth in the amended answer of the said defendant Riley.
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Appeal by the plaintiffs, William W. Nichols and another, from an interlocutory judgment of the Supreme Court in favor of -the defendant John B. Biley, entered in the office of the clerk of the county of Clinton- on the 3d clay of August, 1906, upon - the decision of the court, rendered after a trial at the Clinton Special Term, overruling the plaintiffs’ demurrer to the counterclaims set forth in the amended answer of the said defendant Riley. These plaintiffs prior to December 10, 1903, were the owners of four policies of life insurance issued by the Mutual Life Insurance Company of New…
1Opinion of the Court
Smith, P. J.:
' The defendant might well have asked for a more specific statement of the alleged agreement on the part of Eiley, the attorney, as to who should advance the money, as to how much he should advance, and as to the conditions upon which such purchase was to be made. Having failed to ask that the complaint be made more definite and certain he cannot now complain that no cause of action is stated if, under the pleadings as they stand, any contract or any agreement could be proven which is fairly within the general allegations made.
*408. While this is a demurrer to the answer, because…
2Cases cited2 opinions
- Peck v. . PeckNew York Court of Appeals · 1888
- Downard v. HadleyIndiana Supreme Court · 1888
3Cited by3 opinions
- Craig v. BohackAppellate Division of the Supreme Court of the State of New York · 1963
- Sea Cove Marina, Inc. v. UhlendorfNew York Supreme Court · 1961
- Sea Cove Marina, Inc. v. UhlendorfAppellate Division of the Supreme Court of the State of New York · 1963