Realty Merchantile Credit Ass'n v. Menger

Appellate Terms of the Supreme Court of New York

Realty Merchantile Credit Ass'n v. Menger

152 N.Y.S. 1045

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 11, 1915

StatusPublished

This text of 152 N.Y.S. 1045 (Realty Merchantile Credit Ass'n v. Menger) 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

Realty Merchantile Credit Ass'n v. Menger, 152 N.Y.S. 1045 (N.Y. Ct. App. 1915).

Pincite

Opinion

LEHMAN, J.

The complaint fails to set forth any agreement binding upon the plaintiff, or accepted or signed by it, and also fails to allege due performance of any conditions or covenants. The demurrer should therefore have been sustained.

Judgment reversed, with costs, and demurrer sustained, with leave to plaintiff to serve an amended complaint upon payment of costs within six days after entry of this order in the Municipal Court, and notice of such entry. All concur.

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LEHMAN, J.

The complaint fails to set forth any agreement binding upon the plaintiff, or accepted or signed by it, and also fails to allege due performance of any conditions or covenants. The demurrer should therefore have been sustained.

Judgment reversed, with costs, and demurrer sustained, with leave to plaintiff to serve an amended complaint upon payment of costs within six days after entry of this order in the Municipal Court, and notice of such entry. All concur.

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Bluebook (online)

152 N.Y.S. 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/realty-merchantile-credit-assn-v-menger-nyappterm-1915.