Beale v. Hayes
The Superior Court of New York City
The complaint alleged that the defendant, on the 30th day of April, 1851, made and entered into a contract with the plaintiff, as follows: Mr. Beale agrees to pay Miss Catharine Hayes, for a period of five months, commencing in the month of September next, or so soon after as circumstances will admit, to play in America and Ireland, in the following operas, namely : La Sonnambula, Lucia de Lammermoor, Linda, Lucrezia, Don Pasquale, L’Elisir d’Amore, I Puritani, and Norma,…
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The complaint alleged that the defendant, on the 30th day of April, 1851, made and entered into a contract with the plaintiff, as follows: Mr. Beale agrees to pay Miss Catharine Hayes, for a period of five months, commencing in the month of September next, or so soon after as circumstances will admit, to play in America and Ireland, in the following operas, namely : La Sonnambula, Lucia de Lammermoor, Linda, Lucrezia, Don Pasquale, L’Elisir d’Amore, I Puritani, and Norma, and such other operas as may be agreed on, and to sing at concerts. Mr. Beale agrees to pay Miss Catharine Hayes the sum…
1Opinion of the CourtDuer, J.
The only ground of this demurrer is, that although the agreement set forth in the complaint liquidates the damages to be recovered for a breach, at a fixed sum, yet the plaintiff demands judgment for a much larger amount, and it was insisted, that whether the sum mentioned in the agreement be considered as liquidated damages, or as a penalty, the objection is equally fatal.
I am, however, clearly of opinion, that this objection to the plaintiff’s claim, if admitted to be valid, cannot be raised by a demurrer. The only grounds of demurrer to a complaint are those which are enumerated in § 144…
2Cited by16 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- Condon v. KemperSupreme Court of Kansas · 1891
- Byers v. RodabaughSupreme Court of Iowa · 1864
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