Kahn v. Johnston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, David Kahn, from an order of the Supreme Court, made at the Washington Special Term and entered in the office of the clerk'of the county of Warren on the 1st day of December, 1916, overruling a demurrer to a defense contained in the answer.
1Opinion of the Court
Cochrane, J.:
The complaint alleges a cause of action for merchandise sold and delivered by the plaintiff to the defendant. The answer contains a general denial and further alleges as a defense that *384the plaintiff has recovered a judgment against the defendant’s husband for the purchase price of the same merchandise for which this action is brought. To this latter defense the plaintiff demurred for insufficiency, which demurrer has been overruled.
The defense in question is insufficient in law on the face thereof. The rule on this question is stated in 23 Cyc. 1111, as follows: “ To make a…
2Cases cited5 opinions
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- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
- Brown v. ReimanAppellate Division of the Supreme Court of the State of New York · 1900
- Keyes v. Lestershire Heights Realty Co.Appellate Division of the Supreme Court of the State of New York · 1916