Dart v. Van Horn
New York Supreme Court
Demurrer by defendant Alfred Van Horn, to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtGiegerich, J.
The action .is by the payee of a promissory note against the maker, who demurs to the complaint for insufficiency. The demurrant contends that the allegation that the plaintiff is the owner of the note is a mere conclusion, but a similar averment has been held to be sufficient. Gurnee v. Beach, 40 Hun, 108; Maccarone v. Hayes, 85 App. Div. 41. It is further urged that the complaint is insuf*120ficient because it fails to allege that the plaintiff is also the holder of the note, but it is not necessary to allege in a complaint by a payee of a promissory note against the maker that the plaintiff…
2Cases cited3 opinions
- Taylor v. CorbiereNew York Supreme Court · 1853
- Maccarone v. HayesAppellate Division of the Supreme Court of the State of New York · 1903
- Niblo v. HarrisonThe Superior Court of New York City · 1858
3Cited by2 opinions
- First National Bank v. StalloAppellate Division of the Supreme Court of the State of New York · 1914
- Marony v. Wheeling & L. E. Ry. Co.District Court, S.D. New York · 1929