Vogle v. Kirby
This text of 4 N.Y.S. 99 (Vogle v. Kirby) 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.
Opinion
If the complaint had alleged the making of the note by the defendant, it would have been sufficient under section 534 of the Code, but, this essential allegation having been omitted, it is defective. Simply alleging that the action is on an instrument for the payment of money only, of which a copy is given, affords the defendant no opportunity of putting in issue the execution of the instrument. See Broome v. Taylor, 13 Hun, 341. The demurrer will therefore be sustained, with leave to the plaintiff to amend his complaint; $10 costs to defendant to abide the event.
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Cite This Page — Counsel Stack
4 N.Y.S. 99, 18 N.Y. St. Rep. 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogle-v-kirby-nynyccityct-1888.