Watson v. Husson
The Superior Court of New York City
This was an action against the defendants for the breach of an undertaking, executed by them as sureties of one Robert Anderson, upon an app'eal made by him to the court of appeals, from a judgment of this court.
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This was an action against the defendants for the breach of an undertaking, executed by them as sureties of one Robert Anderson, upon an app'eal made by him to the court of appeals, from a judgment of this court. The pleadings are as follows :— The plaintiffs complaining, respectfully show to this court, that on the fifteenth day of May, 1849, judgment was rendered at a general term of this court, in favor of the above named plaintiffs, against one Robert Anderson, for the sum of one hundred and forty-nine dollars and ninety-eight cents, and that on the first day of February, 1850, the said…
1Opinion of the CourtBy the Court. Duer, J.
The portion of the answer to which the demurrer is taken doubtless contains much irrelevant matter, which, as such, had the proper motion been made, must have been stricken out. But the issue of law which the demurrer raises is, that admitting all the facts set forth in this portion of the answer to be true, they constitute no defence, and, consequently, if a valid defence may be extricated from the irrelevant matter, this issue must be determined against the plaintiffs. In other words, the judgment at special term overruling their demurrer must be affirmed. (Smith v. Grenien, 2 Sand. S. C.…
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