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6 Misc. 627

Smith v. Storm

City of New York Municipal Court

Decided January 15, 1894

City of New York Municipal Court · decided 1894-01-15

<p>Bills and notes — pleading.</p>

Decided 1894-01-15

Newburger, J.

¶1This action is brought on a promissory note indorsed by the defendant Storm.

¶2The complaint alleges that the indorsement was for the purpose of procuring credit for the Manhattan Athletic Club, ánd inducing plaintiffs to extend the payment of a claim then due from the defendant on the credit of such indorsement.

¶3The defendant demurred to the complaint, which was overruled, and from the order entered thereon this appeal is taken. The complaint states facts sufficient to constitute a cause of action. The objection that there is a defect of parties defendant is untenable.

¶4The authorities cited by appellant’s coufisel have no bearing on the issue raised by the demurrer.

¶5For these reasons the order appealed from must be affirmed, with costs.

¶6McOabthy, J., concurs.

¶7Order affirmed, with costs.

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