Fleming v. Supreme Council
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Supreme Council of the Order of Chosen Friends, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk .of the county of Westchester on the 26th day of March, 1898, granting the plaintiff’s motion for judgment upon the pleadings, and also from a judgment entered in said clerk’s office on the 26th day of March, 1898, upon the said'order.
1Opinion of the Court
Willard Bartlett, J.:
There are four numbered paragraphs in the complaint.
The 1st paragraph alleges that at all the times mentioned in the complaint the plaintiff was, and he now is, a duly licensed practicing physician and surgeon in the village of North Tarry town, in Westchester county.
The 2d paragraph alleges that at all the times mentioned in the complaint the defendant was, and it now is, a foreign corporation, organized under the laws of Indiana, and doing business in New York.
The 3d paragraph reads as -follows: “ That heretofore and between the 12th day of January, 1897, and the 1st…
2Cases cited2 opinions
- Carter v. . Brooklyn Life Ins. Co.New York Court of Appeals · 1888
- Hoffman v. SusemihlAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Miller v. CunninghamOregon Supreme Court · 1914
- Schultheis v. FishmanNew York Supreme Court · 1909