Butchers & Drovers' Bank v. Jacobson
The Superior Court of New York City
Appeal from a judgment on demurrer. The complaint in this action was in the following form: “New York Superior Court.—The Butchers and Drovers’ Bank of Providence, plaintiffs, against Frederick Jacobson, Jonas Gr. Dudley, and Joseph W. Corlies, survivors of the firm of Joseph W. Corlies & Co., defendants.
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Appeal from a judgment on demurrer. The complaint in this action was in the following form: “New York Superior Court.—The Butchers and Drovers’ Bank of Providence, plaintiffs, against Frederick Jacobson, Jonas Gr. Dudley, and Joseph W. Corlies, survivors of the firm of Joseph W. Corlies & Co., defendants. “The plaintiffs above-named by this complaint state, that there is due to the plaintiffs from the defendants the sum of two thousand four hundred dollars, with interest thereon from September 21, 1861, on a written instrument, of which the following is a copy, to wit: « < |3;000. New York,…
1Opinion of the Court
By the Court.*—Monell, J.
I cannot distinguish this case in principle from Prindle a. Caruthers (15 N. Y., 425), which has since been followed in this court in-Price a. McClave, decided by the general term in December, 1860. *220In Prindle a. Carutiers, the complaint contained little, if any thing, more than is contained in the complaint in this case. It did, however, allege that the defendant made the contract: there is no such allegation in this complaint. But, looking at the section of the Code under which this complaint was' drawn, in a spirit of liberal construction, with the light shed upon…
2Cases cited1 opinion
- Prindle v. . CaruthersNew York Court of Appeals · 1857
3Cited by2 opinions
- Burton v. StrattonU.S. Circuit Court for the District of Eastern Michigan · 1882
- Scott v. EsterbrooksSouth Dakota Supreme Court · 1894