Legal Opinion

Field v. Holbrook

The Superior Court of New York City

Decided March 15, 1857PublishedCited by 10 opinions

Present, Oakley, Ch. J.,Duer, Bosworth, Hoffman, Slosson and Woodruff, Justices. Appeal from an order overruling the demurrer to the complaint.

1Opinion of the Court

By the court—Duer, Justice.

It was admitted, upon the argument, by the learned counsel for the defendants, who have demurred, that, admitting the allegations in the complaint to be true, and the demurrer admits their truth, the written contract of which these defendants retain the possession has been rendered void in their hands, from their failure and inability to comply with its provisions, within the time limited for their performance.

The main question to be determined, therefore, is, whether, upon this admitted statement of facts, the jurisdiction of the court can be properly exercised by…

2Cited by10 opinions

  1. Town of Venice v. . WoodruffNew York Court of Appeals · 1875
  2. Jones v. SmithMichigan Supreme Court · 1871
  3. Grove v. JenningsSupreme Court of Kansas · 1891
  4. Munson v. MunsonSupreme Court of Connecticut · 1859
  5. Rector, Churchwardens & Vestrymen of St. Stephen's Protestant Episcopal Church v. Rector, Churchwardens & Vestrymen of Church of TransfigurationAppellate Division of the Supreme Court of the State of New York · 1909

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