Landau v. Levy
The Superior Court of New York City
Demurrer to complaint. This action was brought by Landau against Louis S. Levy, as survivor of Mark Levy and Louis S. Levy, partners, and Louis S. Levy, as executor of Mark Levy.
Read the full summary
Demurrer to complaint. This action was brought by Landau against Louis S. Levy, as survivor of Mark Levy and Louis S. Levy, partners, and Louis S. Levy, as executor of Mark Levy. The action was upon two bills, drawn in the form of bills of exchange, payable in mdrchandize, drawn by the plaintiff on Louis S. and Mark Levy, as partners, and accepted by them; Mark having died, and Louis, the' survivor, having been appointed his executor, the plaintiff now sought in this action to recover judgment against the latter, both as surviving debtor and as executor, it being alleged in the complaint that…
1Opinion of the CourtBoswobth, J.
It is essential to a good complaint, containing several causes of action, that all of them should belong to one of the classes mentioned in § 167 of the Code, and that they should be separately stated.
Each cause of action should contain in the allegations which express it, enough to make it good in law.
How many causes of action does this complaint contain ?
It first alleges that the two Levys accepted a bill drawn on them by the plaintiff; they being partners. It then states the death of Mark Levy, before the bill matured, nonpayment, and payment of it by the plaintiff to the holder. This bill…
2Cases cited3 opinions
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Grant v. ShurterNew York Supreme Court · 1828
- Jenkins v. De GrootCourt for the Trial of Impeachments and Correction of Errors · 1804
3Cited by2 opinions
- Perkins v. SlocumNew York Supreme Court · 1894
- Henderson v. JacksonThe Superior Court of New York City · 1870