Newton v. Browne

City of New York Municipal Court

Newton v. Browne

6 Misc. 603, 26 N.Y.S. 83, 56 N.Y. St. Rep. 605

CourtCity of New York Municipal Court

DecidedNovember 15, 1893

StatusPublished

Cited by2 cases

This text of 6 Misc. 603 (Newton v. Browne) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newton v. Browne, 6 Misc. 603, 26 N.Y.S. 83, 56 N.Y. St. Rep. 605 (N.Y. Super. Ct. 1893).

Pincite

Opinion

McCarthy, J.

The complaint in this action was demurrable. It fails to allege the nonpayment of- the alleged debt of $100. This is an essential allegation. See Lent v. N. Y. & M. R. Co., 130 N. Y. 510, 511, 512 and 513.

The judgment and order overruling demurrer should be reversed, and the demurrer sustained, with costs, with leave to the plaintiff to serve an amended complaint on payment of twenty dollars costs and the costs of this appeal.'

Van Wyck, J., concurs.

Judgment and order reversed, with costs.

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