61 N.Y.S. 976 | N.Y. Sup. Ct. | 1899
The complaint alleges that “ the firm of S. Heyman ” sold and delivered goods to the defendant at the city of Néw York at the request of said defendant, for which said defendant promised to pay, and upon which a specified sum remains unpaid and owing, and that before the commencement of the action “ the said firm of S. Heyman ” sold and assigned said claim to the plaintiff for value, and that plaintiff is the owner of said claim. The defendant demurs to the complaint on the ground that “ upon the face thereof it does not state facts sufficient to constitute a cause for action.” The demurrer is based upon the fact that the assignors of plaintiff are described only as “ the firm ” of S. Hey-man, and that there is no allegation of partnership or specification
Demurrer overruled, with leave to answer.