Owens v. Blackburn

Appellate Division of the Supreme Court of New York

Owens v. Blackburn

161 A.D. 830, 146 N.Y.S. 969, 1914 N.Y. App. Div. LEXIS 5440

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

DecidedApril 3, 1914

StatusPublished

This text of 161 A.D. 830 (Owens v. Blackburn) 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

Owens v. Blackburn, 161 A.D. 830, 146 N.Y.S. 969, 1914 N.Y. App. Div. LEXIS 5440 (N.Y. Ct. App. 1914).

Pincite

Opinion

Laughlin, J.:

This is an action on a non-negotiable promissory note in the same form, so far as the questions presented for decision are [831]*831concerned, as that considered in the opinion in Owens v. Blackburn, No. 1 (161 App. Div. 827), decided herewith; and the complaint here is to the same effect as in the other action, with the exception that only one cause of action is set forth, and it is here alleged that the plaintiff paid the note at maturity. The points being the same, the opinion in the other case, to which reference has been made, is controlling, and requires that the interlocutory judgment be reversed and demurrer overruled, with costs, with leave to respondent to withdraw the demurrer and answer on payment of the costs of the demurrer and of the appeal.

Ingraham, P. J., McLaughlin, Scott and Hotchkiss, JJ., concurred.

Judgment reversed, with costs, and demurrer overruled, with costs, with leave to defendant to withdraw demurrer and to answer-on payment of costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Laughlin, J.:

This is an action on a non-negotiable promissory note in the same form, so far as the questions presented for decision are [831]*831concerned, as that considered in the opinion in Owens v. Blackburn, No. 1 (161 App. Div. 827), decided herewith; and the complaint here is to the same effect as in the other action, with the exception that only one cause of action is set forth, and it is here alleged that the plaintiff paid the note at maturity. The points being the same, the opinion in the other case, to which reference has been made, is controlling, and requires that the interlocutory judgment be reversed and demurrer overruled, with costs, with leave to respondent to withdraw the demurrer and answer on payment of the costs of the demurrer and of the appeal.

Ingraham, P. J., McLaughlin, Scott and Hotchkiss, JJ., concurred.

Judgment reversed, with costs, and demurrer overruled, with costs, with leave to defendant to withdraw demurrer and to answer-on payment of costs.

Cite This Page — Counsel Stack

Bluebook (online)

161 A.D. 830, 146 N.Y.S. 969, 1914 N.Y. App. Div. LEXIS 5440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-blackburn-nyappdiv-1914.

Opinion

Related

Cite This Page — Counsel Stack