Wells v. Simpson

New York Supreme Court

Wells v. Simpson

29 Misc. 665, 61 N.Y.S. 56

CourtNew York Supreme Court

DecidedDecember 15, 1899

StatusPublished

Cited by1 cases

This text of 29 Misc. 665 (Wells v. Simpson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wells v. Simpson, 29 Misc. 665, 61 N.Y.S. 56 (N.Y. Super. Ct. 1899).

Pincite

Opinion

Gaynor, J.:

The moving papers disclose, and counsel for the defendant stated on the argument, that the object of opening the • default is to serve a demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action. As in an action against the maker of a note the complaint does not need to state that the note was presented and payment demanded (Hills v. Place, 48 N. Y. 520), such demurrer would-be frivolous.

Motion denied with ten dollars costs.

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Gaynor, J.:

The moving papers disclose, and counsel for the defendant stated on the argument, that the object of opening the • default is to serve a demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action. As in an action against the maker of a note the complaint does not need to state that the note was presented and payment demanded (Hills v. Place, 48 N. Y. 520), such demurrer would-be frivolous.

Motion denied with ten dollars costs.

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Bluebook (online)

29 Misc. 665, 61 N.Y.S. 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-simpson-nysupct-1899.

Opinion

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