Legal Opinion

Vincent v. Stearns

Appellate Terms of the Supreme Court of New York

Decided April 15, 1905Published

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

  1. Considerant v. . BrisbaneNew York Court of Appeals · 1860
  2. Eaton v. . WellsNew York Court of Appeals · 1880
  3. Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Funson v. PhiloNew York Supreme Court · 1899
  5. Stoddard v. Bell & Co.Appellate Division of the Supreme Court of the State of New York · 1905

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API