Johnson v. Wetmore & Champlin
New York Supreme Court
Demurrer to complaint. The complaint charged that on the 28th of August, I860, the defendants fraudulently obtained from the plaintiff, who was old, infirm and blind, a certain writing, without consideration; that the plaintiff was ignorant of the contents of the paper, and that the defendants, although requested, had refused either to deliver up said paper or inform the plaintiff of the contents thereof; but that the plaintiff was informed and believed that said writing was…
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Demurrer to complaint. The complaint charged that on the 28th of August, I860, the defendants fraudulently obtained from the plaintiff, who was old, infirm and blind, a certain writing, without consideration; that the plaintiff was ignorant of the contents of the paper, and that the defendants, although requested, had refused either to deliver up said paper or inform the plaintiff of the contents thereof; but that the plaintiff was informed and believed that said writing was under seal, conveying to the defendants, or one of them, some interest in the plaintiff’s pension, or some right that…
1Opinion of the CourtMonson, J.
The plaintiff contends that the objection raised by the demurrer, that the complaint does not state facts sufficient to constitute a cause of action is too general; and he insists that the demurrer should point out the defects, and show why the facts do not constitute a cause of action.
The decisions upon this point have not been altogether uniform, but I am inclined to follow those of Justices Willard, Gridley and Mason, (4 How. Pr. Rep. 226. 3 Id. 280. 5 Id. 113,) in preference to the decision of Justice Sill, (4 How. 98,) without however recognizing any distinction between a demurrer to a…
2Cases cited3 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Chautauque County Bank v. WhiteNew York Supreme Court · 1849
- Durkee v. Saratoga & Washington Rail RoadNew York Supreme Court · 1849