Fisher Textile Co. v. Perkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward N. Perkins and another, from an interlocutory judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county-of Oneida on the 9th day of March, 1904, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the defendants’ demurrer to the plaintiff’s complaint.
1Opinion of the Court
Williams, J.:
The judgment should be reversed, with costs, and the demurrer sustained, with costs, with leave to plaintiff to plead over upon payment of such costs within ten days after service of a copy of this decision and the taxation of the costs.
The important question raised by the demurrer was whether there was a defect of parties plaintiff in the action.
The action was upon a contract in writing, a copy of which was annexed to the complaint. There were three parties of the first part, one party of the second part and two parties of the third part to the contract. One of the parties .of…
2Cases cited3 opinions
- Emmeluth v. . H.B. AssociationNew York Court of Appeals · 1890
- Booth Bros. v. BairdAppellate Division of the Supreme Court of the State of New York · 1903
- Spencer v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- MacFarland v. StateNew York Court of Claims · 1941
- Weinfeld v. Fr. Bergner & Co.Appellate Terms of the Supreme Court of New York · 1909