Carter v. Eighth Ward Bank
New York Supreme Court
Tbial of the issues of law raised by demurrer to nine pleaded defences to the complaint.
1Opinion of the Court
Gaynor, J.:
The complaint is quite verbose, and therefore difficult to understand. Eirst in order is to see if it states a *129cause of action, for if it does not, the demurrer to the answer cannot he sustained (Baxter v. McDonnell, 154 N. Y. 432). Is the complaint for a wrongful conversion, and if so is the alleged conversion of the checks and drafts, or is it of the money received by the defendant on them ? Or is it for money had and received? If for the latter, one might well expect to find the simple and scientific allegation which has always been used for a complaint for that cause of action…
2Cases cited9 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Cruikshank v. Press Publishing Co.New York Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Juarez v. StateCourt of Criminal Appeals of Texas · 2010
- Atlantic Coast Line R. Co. v. ThomasCourt of Appeals of Georgia · 1951
- Kimbro v. StateCourt of Criminal Appeals of Texas · 1952
- Davidson Fruit Co. v. Produce Distributors Co.Washington Supreme Court · 1913
- Selts Investment Co. v. BaireutherWisconsin Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.