67 How. Pr. 101 | New York Court of Common Pleas | 1884
— If the plaintiff is entitled to any relief upon the facts stated the demurrer cannot be sustained (Price agt. Brown, 10 Abb. N. C., 67, and cases cited). The averment that the defendants especially assumed the liability to plaintiff’s assignor brings this case clearly within the ruling of Burr agt. Beers (24 N. Y., 178) and fixes their responsibility. They assumed an obligation and must be held liable for its consequences.
It is evident from an inspection of the complaint that no issue is presented as to the conversion of the property. It is the product of the sweepings “ left to be refined ” which is the
The demurrer should be overruled, with leave to answer on payment of costs.