Gansevoort Bank v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire State., Surety Company, /from an. interlocutory judgment of the, Supreme Court in favor of the plaintiff, entered' in the office of the clerk of the county of ÜSTew York on the 28th day of June, 1905, upon the decision of t-he court, rendered after a trial at the Rew York Special Term, sustaining the plaintiff’s demurrer' to a partial defense set up in the answer;, also (as stated in the notice of appeal) from a decree entered in said…
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Appeal by the defendant, the Empire State., Surety Company, /from an. interlocutory judgment of the, Supreme Court in favor of the plaintiff, entered' in the office of the clerk of the county of ÜSTew York on the 28th day of June, 1905, upon the decision of t-he court, rendered after a trial at the Rew York Special Term, sustaining the plaintiff’s demurrer' to a partial defense set up in the answer;, also (as stated in the notice of appeal) from a decree entered in said clerk’s office on the 27 th day of‘June,, 1905, sustaining the demurrer,
1Opinion of the Court
Clarke, J.:
This action was brought in March, 1905, to recover the sum of $3,700 on a surety, bond Or undertaking. Defendant interposed as a partial defense, usury, and to this defense plaintiff demurred., The demurrer was sustained. The matters pleaded as a partial defense, are conceded to have been bad, but it is urged that inasmuch as the complaint does not state facts sufficient to constitute a cause of action any defense was good. “A had answer is'good enough for a bad complaint.” “ A demurrer searches the record for the first fault hr pleading and reachés back to condemn the first…
2Cases cited2 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Spies v. MunroeAppellate Division of the Supreme Court of the State of New York · 1898