Williams v. Williams
New York Supreme Court
Action by Fielding L. Williams against Lucy E. Williams, as administratrix o£ David W. Williams, deceased. Plaintiff filed the following complaint: “The plaintiff above named, for cause of action against the defendant, alleges (1) that during his life-time, and for some time prior to the 31st day of December, 1873, the above-named David W. Williams was a copartner of this plaintiff, and with him carried on the business of sugar refining in the city of Philadelphia, under the…
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Action by Fielding L. Williams against Lucy E. Williams, as administratrix o£ David W. Williams, deceased. Plaintiff filed the following complaint: “The plaintiff above named, for cause of action against the defendant, alleges (1) that during his life-time, and for some time prior to the 31st day of December, 1873, the above-named David W. Williams was a copartner of this plaintiff, and with him carried on the business of sugar refining in the city of Philadelphia, under the firm name or style of F. L. Williams & Co.; (2) that on or about the 31st day of December, 1873, said firm was…
1Opinion of the CourtO’Brien, J.
If the facts stated in the complaint were sufficient to constitute a cause of action as against the defendant, I am of opinion that the demurrer to the ninth and tenth defenses is well taken. As to the ninth paragraph of the answer, it does not tend to defeat or diminish plaintiff’s recovery, and therefore is not of the character specified in section 501 of the Code. Ho debt or amount whatever could impair plaintiff’s recovery, for the judgment he demands comprehends the whole estate, of which a debt due the estate from himself or any one else is a part. The tenth count in the answer does not…
2Cases cited2 opinions
- People v. . BoothNew York Court of Appeals · 1865
- Graham v. DunniganThe Superior Court of New York City · 1857
3Cited by3 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Henriques v. Yale UniversityAppellate Division of the Supreme Court of the State of New York · 1898
- Beeler & Campbell Supply Co. v. WarrenSupreme Court of Kansas · 1939