Graham v. Dunnigan
The Superior Court of New York City
Appeal from an order of the special term that plaintiff recover judgment on demurrer to the defendant’s counter-claim. This was an action brought by the plaintiff, who held a life estate in a considerable portion of a house and lot, against the owner of the fee, to recover from him a certain sum alleged to be his fair proportion of taxes, assessments, and Croton wafer rents, upon the premises, which, in his default, she had paid to protect her estate.
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Appeal from an order of the special term that plaintiff recover judgment on demurrer to the defendant’s counter-claim. This was an action brought by the plaintiff, who held a life estate in a considerable portion of a house and lot, against the owner of the fee, to recover from him a certain sum alleged to be his fair proportion of taxes, assessments, and Croton wafer rents, upon the premises, which, in his default, she had paid to protect her estate. The summons was for a money demand on contract. The complaint showed that the husband of the plaintiff died in 1848 seized of the house and lot…
1Opinion of the Court
By the Court—Woodruff, J.
—On the argument of the appeal herein, it was urged on behalf of the appellant that wheth*429er tlie counter-claim demurred to is sufficient, as set out in the answer, or not, the defendant is entitled to judgment upon the demurrer on the former and familiar rule that on a demurrer to the defendant’s pleading, he is at liberty to go back to a previous pleading of the plaintiff, and if that be bad he is entitled to judgment, although his own pleading be also defective; and that a bad plea is good enough in response to a bad declaration. He therefore insists that the…
2Cited by9 opinions
- Ayres v. O'FarrellThe Superior Court of New York City · 1863
- Corning v. RooseveltNew York Supreme Court · 1890
- Williams v. WilliamsNew York Supreme Court · 1890
- Calvary Baptist Church v. SaxtonOregon Supreme Court · 1926
- Corning v. RooseveltNew York Supreme Court · 1890
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