81 N.Y.S. 276 | N.Y. Sup. Ct. | 1903
This is a demurrer to a complaint. The complaint alleges “ that in or about the month of April, 1892, the above-named deceased, Charles Broadway Rouss, in and for the consideration that this plaintiff should release him from all claims and demands that she should have against him, the said Charles Broadway Rouss, on account of or arising out of his, the said Charles Broadway Rouss, having seduced this plaintiff under his promise her to marry, or any other action which this plaintiff then had or might have had, and in full compromise, settlement, accord and satisfaction of all the claims of this plaintiff at that date against him, the said Charles Broadway Rouss promised,
The defendant claims further that the complaint is insufficient in the following respect: By the first paragraph of the complaint before quoted the decedent agreed to pay in consideration that the plaintiff “ should release,” etc. In the second paragraph of the complaint the plaintiff alleges “ that the plaintiff
Demurrer overruled, with costs, with leave to defendant, upon payment of costs, to plead anew.