Fuller v. Tuska
City of New York Municipal Court
Appeál from special term. Action by George W. Fuller, Jr., against David S. Tuska. From an interlocutory judgment entered on an order overruling a demurrer to the complaint the defendant appeals.
1Opinion of the CourtEhrlich, C. J.
The complaint alleges that the plaintiff loaned to the defendant 150 shares of the stock of the Chicago, Milwaukee & St. Paul Railroad Company, which the defendant failed to return, to plaintiff’s damage $744.35; that the defendant thereupon acknowledged an indebtedness to the plaintiff to that amount on the transaction stated, paid on account thereof $1.30, leaving $743.05 due. The defendant demurred, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The demurrer was overruled at special term, and properly so. The complaint in substance shows…
2Cases cited2 opinions
- Glenny v. HortonNew York Supreme Court · 1849
- Oswego & Syracuse Plank Road Co. v. Rust & RustNew York Supreme Court · 1850