Doyle v. American Wringer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The American Wringer Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the llth day of October, 1900, upon the decision of the court'' rendered after a trial at the Kings County Special Term, overruling a demurrer to the complaint.
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Appeal by the defendant, The American Wringer Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the llth day of October, 1900, upon the decision of the court'' rendered after a trial at the Kings County Special Term, overruling a demurrer to the complaint. The material allegations of the complaint are as follows: “ I. That the defendant at the time hereinafter mentioned was, and now is, a foreign, corporation, created under the laws of the State of Rhode Island, carrying on the business of…
1Opinion of the Court
Jerks, J.:
The interlocutory judgment overruling the demurrer should bo affirmed. I think that the pleader intended to state a cause of action based only upon personal assault, and that the complaint should be thus construed. The allegation of forcible entry and of the taking of personal property are to be considered as matters of description and not statements of evidential facts. The pleading in this respect is to be construed as was the pleading in Langdon v. Guy (91 N. Y. 661). Further, there is neither allegation of injury to the freehold nor of value of the goods taken, even if the…
2Cases cited2 opinions
- Reilly v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Griffith v. FriendlyNew York Supreme Court · 1900
3Cited by1 opinion
- Boulden v. ThompsonCalifornia Court of Appeal · 1913