Douglass v. Rathbone & Lyman

New York Supreme Court

Douglass v. Rathbone & Lyman

5 Hill & Den. 143

DecidedMay 15, 1843

StatusPublished

This text of 5 Hill & Den. 143 (Douglass v. Rathbone & Lyman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Douglass v. Rathbone & Lyman, 5 Hill & Den. 143 (N.Y. Super. Ct. 1843).

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Opinion

By the Court, Bronson, J.

There is a material variance between the condition of the bond as stated in the declaration, and the condition as it is set out upon the oyer. The declaration omits to state that the rail-road company was to pay on demand. A demurrrer, after setting out the condition upon oyer, is a proper mode of taking advantage of the variance. (Rockefeller v. Hoysradt, 2 Hill, 616.)

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By the Court, Bronson, J.

There is a material variance between the condition of the bond as stated in the declaration, and the condition as it is set out upon the oyer. The declaration omits to state that the rail-road company was to pay on demand. A demurrrer, after setting out the condition upon oyer, is a proper mode of taking advantage of the variance. (Rockefeller v. Hoysradt, 2 Hill, 616.)

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Bluebook (online)

5 Hill & Den. 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglass-v-rathbone-lyman-nysupct-1843.