Marie v. . Garrison
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendants, entered upon an order made April 30,1879, reversing an order of Special Term, which overruled a demurrer to the complaint herein, and sustaining said demurrer. (Reported below, 13 J. & S. 158.) This action was brought to recover ' damages for an alleged breach of contract.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of defendants, entered upon an order made April 30,1879, reversing an order of Special Term, which overruled a demurrer to the complaint herein, and sustaining said demurrer. (Reported below, 13 J. & S. 158.) This action was brought to recover ' damages for an alleged breach of contract. The complaint alleged in substance that the plaintiffs and the defendant, John T. Denny, owned and held, “ either in their own right or in trust for others, with full power of disposition,” 36,000 shares of the…
1Opinion of the CourtAndrews, J.
Special demurrers, as known to the former practice, have no place in our present system of pleading. The Code authorizes a demurrer for specific causes and no pleading is demurrable unless it is subject to one or more of the objections specified in the section defining the grounds of demurrer. A demurrer to a complaint for insufficiency can only be sustained when it appears that, admitting all the facts alleged, it presents no cause of action whatever. It is not sufficient that the facts are imperfectly or informally averred, or that the pleading lacks definiteness and precision, or that the…
2Cases cited11 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Storm v. United StatesSupreme Court of the United States · 1877
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Merritt v. . SeamanNew York Court of Appeals · 1852
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3Cited by154 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
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