Legal Opinion
Avon Springs Sanitarium Company v. . Weed
New York Court of Appeals
Decided October 22, 1907PublishedCited by 3 opinions
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 1, 1907, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action to recover the amount of a subscription for stock. The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action ? ”
1Opinion of the Court
Order reversed and judgment ordered for defendant on the demurrer, with costs in all courts, on dissenting opinion of McLennan, P. J., below. Question certified answered in the negative.
Concur: Cullen, Ch. J., O’Brien, Edward T. Bartlett, Haight, Vann and Chase, JJ. Absent: Hiscock, J.
2Cited by3 opinions
- Shaw v. Ansaldi Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Avon Springs Sanitarium Co. v. KelloggAppellate Division of the Supreme Court of the State of New York · 1908
- Wikiosco, Inc. v. ProllerAppellate Division of the Supreme Court of the State of New York · 1949