Hall v. Marvin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah A. Hall, from an interlocutory judgment of the Supreme Court in favor of 'the defendants, entered in the office of the clerk of the county of Onondaga on the 4th day of March, 1910, upon the decision of the court, rendered after a trial at the Onondaga Special Term, sustaining the defendants’ demurrers to the complaint.
1Opinion of the Court
Williams, J.:
The judgment should he reversed, with costs, and the demurrers overruled, with costs, with leave to plead over on payment of such costs.
The action was brought upon a promissory note made by the defendants for $200 and interest, payable to the order of plaintiff one year after date. The complaint alleged the note was made April 25, 1904; that it became due and payable April 25, 1905; that $83.50 had been paid and indorsed on it, and the balance remained unpaid ; that plaintiff demanded ■ payment of the note when it became due, which was refused; that there was due $194.99, with…
2Cases cited3 opinions
- Kenney v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
- Burstein v. LevyAppellate Terms of the Supreme Court of New York · 1906
- King v. Mail & Express Co.Appellate Division of the Supreme Court of the State of New York · 1906