Sisson v. Bassett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, diaries Sisson, from an interlocutory judgment of the Supreme Court in favor of the defendant Lawrence Barnum, entered in the office of the clerk of the county of Chenango on the 27th day of Jiuie, 1908, upon the decision of the court, rendered after a trial at the Madison Special Term, sustaining the said defendant’s demurrer to the complaint.
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Appeal by the plaintiff, diaries Sisson, from an interlocutory judgment of the Supreme Court in favor of the defendant Lawrence Barnum, entered in the office of the clerk of the county of Chenango on the 27th day of Jiuie, 1908, upon the decision of the court, rendered after a trial at the Madison Special Term, sustaining the said defendant’s demurrer to the complaint. The complaint alleges that one Blake was formerly the owner of ninety shares of the capital stock of the defendant the Norwich Cas and Electric Company, a domestic corporation, said shares and stock being represented by two…
1Opinion of the Court
Cochrane, J.:
The complaint contains allegations sufficient to constitute a cause of action against the demurrant Barnum for the recovery of the property, and the relief demanded is sufficiently comprehensive to permit a money judgment for the value thereof in case the property itself is not delivered to plaintiff. Where the facts stated entitle the plaintiff to some relief, and the relief demanded is in harmony with the allegations, a complaint is not demurrable merely because it contains unnecessary and irrelevant allegations and demands judgment for more than the facts warrant. (Pape v.…
2Cases cited2 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Pape v. Pratt InstituteAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Wiles v. WilesWest Virginia Supreme Court · 1950
- Clements v. W. S. Cooper Co.New York Supreme Court · 1912