J. P. Duffy Co. v. Todebush
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, August Todebush, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 21st day of April, 1916, overruling his demurrer to the complaint, and granting plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Jenks, P. J.:
We do not read the opinion of the Court of Appeals in this case as a decision that the plaintiff could have had adequate relief in the law side of the court. The judgment of this court in its First Department, that dismissed the complaint (157 App. Div. 688), rests upon grounds that could not be obviated in the action at law. The Court of Appeals affirmed the judgment (216 N. Y. 297), but did say that the weakness of the plaintiff’s case depended primarily, not upon the proper application of the rule invoked by the Appellate Division, but upon a total failure of proof,, and did…
2Cases cited12 opinions
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Southard v. . CurleyNew York Court of Appeals · 1892
- Grant v. NaylorSupreme Court of the United States · 1808
- Abbey v. . WheelerNew York Court of Appeals · 1902
- Wiser v. BlachlyNew York Court of Chancery · 1815
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