Vincent v. Stearns
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the City Court of the city of New York.
1Opinion of the CourtLeventritt, J.
The plaintiff, as substituted trustee, under an agreement made between husband, wife, and a designated trustee, sues in his individual capacity to recover of the defendant, as guarantor of the husband’s obligation, the amount of two- instalments which the husband failed to pay under the terms of the agreement.
The defendant demurred on two grounds, first, that the plaintiff had not the legal capacity to- sue, and, secondly, that the complaint did not state facts sufficient to constitute a cause of action.
The chief question to be noticed is one of practica The demurrer was overruled below. . No…
2Cases cited7 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Eaton v. . WellsNew York Court of Appeals · 1880
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Funson v. PhiloNew York Supreme Court · 1899
- Stoddard v. Bell & Co.Appellate Division of the Supreme Court of the State of New York · 1905
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