Stein v. Whitman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Clarence P. Whitman and another, from an order of the Supreme Court, made at, the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 6th day of March, 1913, overruling the defendants’ demurrer to the complaint and granting the plaintiff’s motion for judgment on the pleadings.
1Dissent
Laughlin, J. (dissenting):
The plaintiff in this action seeks to recover the sum of $3,500 together with interest thereon of both defendants. His cause of action against the defendant Whitman is based on a bond executed by him for the payment of said sum to the defendant Faunce, and his cause of action against the defendant Faunce is on an assignment in writing of said bond by Faunce to the plaintiff; and it is alleged that he “ guaranteed to the plaintiff the payment of said bond, according to its tenor.”
The defendants demurred on the ground that causes of action have been improperly united.…
2Cases cited7 opinions
- Draper v. . SnowNew York Court of Appeals · 1859
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Carman v. . PlassNew York Court of Appeals · 1861
- Roehr v. LiebmannAppellate Division of the Supreme Court of the State of New York · 1896
- Tuton v. ThayerNew York Supreme Court · 1873
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