New York Court of Common Pleas, 1872

Lake v. Morse

Lake v. Morse
New York Court of Common Pleas · Decided September 15, 1872 · Chas, Daly
44 How. Pr. 332

Counsel

M. M. Budlong for the motion., T. C. Cronin opposed,, cited Ward agt. Symes and others, 4 Corns., 171.

Lake v. Morse

Opinion of the Court

• Chas. P. Daly, Ch. J.,

.denied the motion, holding that the answer put in issue a material allegation as to the execution of the bond, and that within the above authority each surety must justify, and the bond be approved of; and the allegation in the answer, if true, constituted a defense; and that the practice required that the question of law be raised by demurrer, if the plaintiffs wished to proceed in the action.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.