Rhinelander v. Martin
City of New York Municipal Court
On motion to amend demurrer, and on demurrer to counter-claim. Action for rent by William Rhinelander against George S. Martin. Defendant answering, admitted the rent due, and counter-claimed. Plaintiff demurred to the counter-claim on the ground that it did not state facts sufficient to constitute a cause of action, and subsequently moved for leave to amend the demurrer by adding that the counter-claim was not one of those specified in Code Civil Proc.
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On motion to amend demurrer, and on demurrer to counter-claim. Action for rent by William Rhinelander against George S. Martin. Defendant answering, admitted the rent due, and counter-claimed. Plaintiff demurred to the counter-claim on the ground that it did not state facts sufficient to constitute a cause of action, and subsequently moved for leave to amend the demurrer by adding that the counter-claim was not one of those specified in Code Civil Proc. H. Y. § 501. Both the motion to amend and the demurrer now come on to be heard.
1Opinion of the CourtHehrbas, J.
The motion to amend the demurrer was returnable April 1st, inst. The papers thereon, together with the pleadings upon the demurrer, were submitted to me on the 8th inst. The motion to amend was referred to me by the chief justice, on the ground that I had the question of the demurrer under advisement. This was not strictly correct. Ho papers whatever had been submitted to me, nor were they handed in until the 8th inst., as stated. I therefore consider the motion to amend and the argument of *155the demurrer as presented to me at the same time for decision. The motion to amend the demurrer will be…
2Cases cited4 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Boreel v. . LawtonNew York Court of Appeals · 1882
- Besson v. . SouthardNew York Court of Appeals · 1851
- Mayor of New York v. Parker Vein Steamship Co.The Superior Court of New York City · 1861
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- Merritt v. GouleyNew York Supreme Court · 1890
- Cortright v. PlaceIndiana Court of Appeals · 1921