Hale v. . Omaha National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, reversing an order of Special Term overruling demurrer to complaint, and directing a judgment dismissing the complaint.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, reversing an order of Special Term overruling demurrer to complaint, and directing a judgment dismissing the complaint. The first count of the complaint alleged in substance: That, on the 22d day of June, 1867, “ the Credit Foncier of America,” a corporation organized under the laws of the State of ¡Nebraska, and the owner and in possession of a hotel building situate in the city of Omaha, in said State, as party of the first part, and Edward Co'zzens and John M. Bettman as parties of the second part,…
1Opinion of the CourtAllen, J.
The demurrer is general to the complaint, and if in either count a sufficient cause of action is alleged the demurrer should have been overruled. The court below take no notice in assigning their reasons for the judgment given of the second cause of action. If the allegations in that count were not as definite and certain as they might or should have been, the remedy was not by demurrer, but by application under section 160 of the Code, that they be made definite and certain by amendment.
It is not intended to intimate that the count is objectionable in this respect. That question is not…
2Cases cited3 opinions
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Decker v. . FurnissNew York Court of Appeals · 1856
3Cited by66 opinions
- Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Winne v. . WinneNew York Court of Appeals · 1901
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
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