Legal Opinion

Johnson v. Paul

New York Supreme Court

Decided August 15, 1857PublishedCited by 1 opinion

Motion by the defendant to set aside the complaint, on the grounds, first, that the cause of action, as slated therein, does not agree with Ihe cause, of action indicated by the notice in the summons; and, second, that the amount specified in the summons as that for which the plaintiff would take judgment, upon a failure by the defendant to answer, is $1,000, and that the plaintiff, in his complaint, demands a judgment for $1,500, with interest, &o.

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Motion by the defendant to set aside the complaint, on the grounds, first, that the cause of action, as slated therein, does not agree with Ihe cause, of action indicated by the notice in the summons; and, second, that the amount specified in the summons as that for which the plaintiff would take judgment, upon a failure by the defendant to answer, is $1,000, and that the plaintiff, in his complaint, demands a judgment for $1,500, with interest, &o. These grounds of motion appear by the summons and complaint. The action, as stated in the complaint, is to recover damages for the breach of a…

1Opinion of the Court

T. R. Strong, Justice.

This action belongs to the^c^ss embraced in the second § subdivision, according to what I think the better construction, includes all actions on contract to recover money as damages, not agreed to be paid, but imposed by law, for a breach of contract.

Actions on contract to recover money agreed to be paid, come within the first subdivision of the section. When a contract is, on one side, to do any.specific act, other than the payment of money, and, on the other, to pay money, an action for a breach of the former part, to recover damages, belongs to the second subdivision;…

2Cited by1 opinion

  1. Norton v. CaryNew York Supreme Court · 1862

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