McCarron v. Cahill
City of New York Municipal Court
Motion to overrule demurrer to complaint, and for judgment. The nature of the action and the material facts appear in the opinion.
1Opinion of the CourtHyatt, J.
The complaint alleges “ that the plaintiff at the request of the defendant performed work, labor and services, and furnished materials for the same, of the value of $58.48, that the items of such labor and materials and days on which the same were done ot furnished are hereto annexed, that no part of the same has been furnished.”
The defendant demurs upon the ground that “the complaint does not contain facts sufficient upon its. face to constitute a cause of action.”
An issue of law arising upon a demurrer (Code Oiv. Pro. § 964), must be tried as prescribed by §§ 965, 977, Code Civ. Pro.,…
2Cases cited4 opinions
- White v. . SpencerNew York Court of Appeals · 1856
- Ayres v. O'FarrellThe Superior Court of New York City · 1863
- Simser v. CowanNew York Supreme Court · 1868
- Lane v. SalterThe Superior Court of New York City · 1866
3Cited by2 opinions
- Felix v. JosephthalAppellate Terms of the Supreme Court of New York · 1912
- Tracy v. BakerNew York Supreme Court · 1885