Fitch v. Fitch
The Superior Court of New York City
Appeal from an order made at Special Term, sustaining a demurrer to the complaint, and directing judgment in favor of defendant, with leave to plaintiff to amend on payment of costs.
1Opinion of the CourtVan Vorst, J.
The defendant assigns two grounds of demurrer to the complaint:
First. That the plaintiff has not legal capacity to sue.
Second. That the complaint does not state facts sufficient to constitute a cause of action.
The complaint, in the first subdivision thereof, alleges a loan by plaintiff to defendant of a specific sum of money, which the defendant had promised to pay, and that lie has omitted and neglected to make repayment, and claims that the defendant still is indebted thereupon.
The complaint further alleges a failure on the part of *303the defendant to perform skilfully, and in a proper manner,…
2Cases cited1 opinion
- Devendorf v. WertNew York Supreme Court · 1864
3Cited by1 opinion
- Kenney v. New York Central & Hudson River RailroadNew York Supreme Court · 1888