American Aniline Products, Inc. v. D. Nagase & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, American Aniline Products, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on or about the 4th day of March, 1919, sustaining a demurrer to the complaint and denying plaintiff’s motion for judgment on the pleadings, and also from the interlocutory judgment entered in said clerk’s office on or about the 17th day of March, 1919, pursuant to said order.
1Opinion of the Court
Shearn, J.:
The complaint, which at Special Term has been held insufficient on demurrer, purports to set forth a cause of action to recover the agreed purchase price of 6,000 pounds of aminil sky blue dyes. That the action is not one to recover damages for breach of contract is very apparent from the form of the complaint, which omits any allegation of *557damage. Furthermore, plaintiff’s counsel insists in his brief that the action is “ for the price of the goods.” He states: “ It only sets forth a cause of action for the purchase price. It does not purport to set forth more than one cause of…
2Cases cited1 opinion
- Scott v. MillerAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- G. Robison & Co. v. KramAppellate Division of the Supreme Court of the State of New York · 1921
- Berkshire Cotton Manufacturing Co. v. CohenNew York Court of Appeals · 1923
- Freier v. ShayaniCity of New York Municipal Court · 1958
- In Re Lincoln Industries, Inc.District Court, W.D. Virginia · 1958
- Turner-Looker Co. v. AprileAppellate Division of the Supreme Court of the State of New York · 1921
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