Allen v. Mayor of New York
New York Court of Common Pleas
Application to the general term, for a new trial, after a dismissal of the complaint directed by Ingraham, First J. The ground of the dismissal was, that the complaint did not contain a cause of action. The substance of the allegations therein are given in the opinion of Woodruee, J. cited Story on Contracts, (2d ed. 1847,) §§ 409,410, 411, 422, and notes; Addison on Contracts, pp. 231, 232; 2 Kent’s Com. (7th ed.) 631-634, and notes; Utica Bank v. Van, Grison, 18 Johns.
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Application to the general term, for a new trial, after a dismissal of the complaint directed by Ingraham, First J. The ground of the dismissal was, that the complaint did not contain a cause of action. The substance of the allegations therein are given in the opinion of Woodruee, J. cited Story on Contracts, (2d ed. 1847,) §§ 409,410, 411, 422, and notes; Addison on Contracts, pp. 231, 232; 2 Kent’s Com. (7th ed.) 631-634, and notes; Utica Bank v. Van, Grison, 18 Johns. R. 485; Wheadon v. Olds, 20 Wend. 174; Canal Bank v. Bank of Albany, 1 Hill, 287; Graves v. Harwood, 9 Barb. 477; Pitcher…
1Opinion of the Court
By the Court.
Woodruff, J.
I am constrained to say, that upon the facts averred in the complaint in this action there is, in the plaintiff, a prima facie right to recover. And the complaint having been dismissed on the trial upon the sole ground that the complaint does not set forth a sufficient cause of action, that is the only question presented by the appeal. And I hardly need to add, that in considering this question every allegation of fact is to be taken to be true, and true in manner and form, as it is alleged.
The action is then brought to recover back money claimed to have been paid…
2Cases cited4 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Wheadon v. OldsNew York Supreme Court · 1838
- Watson v. BonneyThe Superior Court of New York City · 1849
- Mayor of New York v. ColgateThe Superior Court of New York City · 1853