Pinckney v. Wallace
New York Court of Common Pleas
Demurrer to complaint. The facts sufficiently appear in the opinion of the court. We are not informed of the names of the respective counsel.
1Opinion of the CourtIngraham, J.
From the complaint it appears that the action is to foreclose a mortgage given to secure a bond payable to Pierce and Peck as co-partners; that Peck is dead, and Pierce, as surviving partner, assigned the claim to Pinckney.
The defendant demurs to the complaint for two reasons.
First. For defect of parties in omitting the representatives of Peck.
Second. For error in making Mary Wallace a .party without showing any right to make her a party.
I. The defect of parties can only be taken advantage of by demurrer when it appears on the face of the complaint.
In this case no such defect appears. The…
2Cited by4 opinions
- Richtmyer v. RichtmyerNew York Supreme Court · 1867
- Hargadine v. GibbonsMissouri Court of Appeals · 1891
- Loeschigk v. AddisonThe Superior Court of New York City · 1868
- Loeschigk v. HatfieldThe Superior Court of New York City · 1867