Mulligan v. Hachmeister

Appellate Terms of the Supreme Court of New York

Mulligan v. Hachmeister

117 N.Y.S. 1044

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 6, 1909

StatusPublished

This text of 117 N.Y.S. 1044 (Mulligan v. Hachmeister) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mulligan v. Hachmeister, 117 N.Y.S. 1044 (N.Y. Ct. App. 1909).

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Opinions

SEABURY, J.

The demurrer was properly overruled. The action is upon a written contract, signed and sealed by the defendants who now demur. The laches of the plaintiff in bringing the action and the alleged improbabilities of his contention are matters for the court to consider when the action is tried, and do not preclude the plaintiff from bringing the action upon his present complaint, which in my judgment states a cause of action.

Interlocutory judgment affirmed, with costs, with leave to defendants to answer upon payment of costs in this court and in the court below within six days.

GILDERSLEEVE, P. J., concurs.

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SEABURY, J.

The demurrer was properly overruled. The action is upon a written contract, signed and sealed by the defendants who now demur. The laches of the plaintiff in bringing the action and the alleged improbabilities of his contention are matters for the court to consider when the action is tried, and do not preclude the plaintiff from bringing the action upon his present complaint, which in my judgment states a cause of action.

Interlocutory judgment affirmed, with costs, with leave to defendants to answer upon payment of costs in this court and in the court below within six days.

GILDERSLEEVE, P. J., concurs.

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117 N.Y.S. 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulligan-v-hachmeister-nyappterm-1909.

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