Halloran v. Coney Island Jockey Club
City of New York Municipal Court
Action by Beatrice Halloran against the Coney Island Jockey Club. Motion to set aside a written complaint, served after the action had been removed from the municipal court.
1Opinion of the CourtO’Dwyer, J.
This action was commenced in the municipal court by the issuance of a summons, and on the return day the plaintiff appeared, orally stated her complaint to be “for money had and received, and lost at gambling on horse races,” and, having stated no other facts and circumstances, although a demand was duly made in open court by the defendant for a further statement, as appears by the uncontradicted averment in the affidavit of defendant’s counsel, the defendant demurred to the complaint, upon the ground, among others, that it appeared upon the face thereof that it did not state facts sufficient…
2Cases cited4 opinions
- Timmerman v. MorrisonNew York Supreme Court · 1817
- Stone v. CaseNew York Supreme Court · 1835
- Walker v. ScottNew York Court of Common Pleas · 1893
- Davis v. BinghamCity of New York Municipal Court · 1900
3Cited by1 opinion
- State Board of Pharmacy v. DaveyAppellate Terms of the Supreme Court of New York · 1907