White v. Slayback
Appellate Division of the Supreme Court of the State of New York
Motion for reargument of an appeal by the plaintiff, Flora MacDonald White, from two orders 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 the 17th day of April, 1919, denying plaintiff’s separate motions for judgment on the pleadings, consisting of the amended complaint and demurrers thereto.
1Opinion of the Court
Smith, J.:
There were two orders at Special Term upon the application of the two defendants for judgment upon the pleadings which consisted of the complaint and a demurrer upon the ground that the complaint did not state a cause of action. Inasmuch as the defendants demurred to the complaint as a whole and not to the separate causes of action stated, the demurrer must fail if either one of the two.causes of.action be properly alleged.
This court in its opinion (189 App. Div. 564) stated that the action was one in conversion. This was not strictly accurate. The action is upon an implied contract…
2Cases cited3 opinions
- Mayer v. . MonzoNew York Court of Appeals · 1917
- Lawrence v. . MaxwellNew York Court of Appeals · 1873
- White v. SlaybackAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by1 opinion
- Eidlitz v. Fischbach & Moore, Inc.Appellate Division of the Supreme Court of the State of New York · 1933