Ahr v. Marx

Appellate Division of the Supreme Court of New York

Ahr v. Marx

44 A.D. 391, 60 N.Y.S. 1091

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1899

StatusPublished

This text of 44 A.D. 391 (Ahr v. Marx) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ahr v. Marx, 44 A.D. 391, 60 N.Y.S. 1091 (N.Y. Ct. App. 1899).

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Opinion

Per Curiam :

This action is upon a promissory note alleged to have been made-by the defendant and delivered to the plaintiff. It is also alleged' .that at maturity the note was presented for payment, and payment ■demanded and ."refused. The demurrer was interposed, because the plaintiff failed in addition to aver subsequent non-payment.. The-demurrer is frivolous. All that was necessary to aver was. a breach of the contract evidenced by the note. It was not necessary to- add that the breach continued down to the time- of the commencement, of the action.

The judgment overruling the demurrer as frivolous was right and should be affirmed, with costs. . ,

. Present—Van Brunt, P. J., Barrett, Rumsey, Patterson and O’Brien, JJ. .

Judgment, affirmed, with costs.

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Per Curiam :

This action is upon a promissory note alleged to have been made-by the defendant and delivered to the plaintiff. It is also alleged' .that at maturity the note was presented for payment, and payment ■demanded and ."refused. The demurrer was interposed, because the plaintiff failed in addition to aver subsequent non-payment.. The-demurrer is frivolous. All that was necessary to aver was. a breach of the contract evidenced by the note. It was not necessary to- add that the breach continued down to the time- of the commencement, of the action.

The judgment overruling the demurrer as frivolous was right and should be affirmed, with costs. . ,

. Present—Van Brunt, P. J., Barrett, Rumsey, Patterson and O’Brien, JJ. .

Judgment, affirmed, with costs.

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Bluebook (online)

44 A.D. 391, 60 N.Y.S. 1091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahr-v-marx-nyappdiv-1899.