Uhler v. Ryer
City of New York Municipal Court
Appeal from special term; Simon M. Ehrlich, Judge. Action by John G. Uhler against William W. Ryer. There was a demurrer to the complaint, upon which an order was made, allowing plaintiff six days to serve an amended complaint. No judgment either final or interlocutory was afterwards entered. Defendant appeals.
1Opinion of the CourtPitshke, J.
The demurrer to the complaint was well founded. The complaint was clearly insufficient on its face, for failure to show “performance" of the contract set out by the plaintiff and sued on, which was, on plaintiff’s part, to examine the books and accounts of the dissolved copartnership, and to report to this- defendant the true showing of the partnership books, and the interests of the copartners. Brown v. Colie, 1 E. D. Smith, 265; Baker v. Higgins, 21 N. Y 397; Tooker v Arnoux, 76 N. Y. 398. The hearing on the demurrer was a trial, and a judgment should have been entered upon the decision…
2Cases cited5 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- Adams v. WardNew York Supreme Court · 1881
- Masters v. BarnardNew York Supreme Court · 1851
- Palmer v. SmedleyNew York Supreme Court · 1861
- Church v. American Rapid Telegraph Co.The Superior Court of New York City · 1881