Moers v. Moers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carrie C. Moers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on or about the 27th day of January, 1919, overruling her demurrer to the complaint.
1Opinion of the Court
Dowling, J.:
This is an action in equity brought by a son against his mother to compel specific performance of a written agreement between plaintiff and defendant. The complaint sets forth the following facts: On December 7, 1918, an action was pending in the Supreme Court, New York county, wherein Carrie C. Moers was plaintiff and Albert A. Moers was defendant, to recover the sum of $51,470.24 for money loaned. An answer was interposed denying all the allegations of the complaint and that action is at issue and upon the calendar of the said court for trial. On that date, in order to…
2Cases cited4 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Smith v. CranfordNew York Supreme Court · 1895
- Rubin v. SiegelAppellate Division of the Supreme Court of the State of New York · 1918
- Goffe v. JonesAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Dwane v. WeilAppellate Division of the Supreme Court of the State of New York · 1922