Rosenstock v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Meyer Rosenstóck and another, from an interlocutory judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered on the 20th day of May, 1904, sustaining the defendant’s demurrer to the plaintiffs’ complaint.
1Opinion of the Court
Hooker, J.:
A demurrer to the complaint, on the ground that it does not .state facts sufficient to constitute a cause of action, was sustained, and the plaintiffs appeal. The' complaint, substantially alleges that in. the month of March, 1904, the plaintiffs recovered a judgment against one McNamara wholly for necessaries sold by them to him, consisting of clothing and uniforms for his use as a police officer of the city of New York; that a transcript of the judgment was filed and the judgment docketed in the office of the clerk of Kings county, and that an execution thereafter issued against…
2Cases cited8 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Austin v. . GoodrichNew York Court of Appeals · 1872
- Churchill v. . OnderdonkNew York Court of Appeals · 1874
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3Cited by17 opinions
- In re the Estate of SitkinNew York Surrogate's Court · 1934
- State v. YoungOregon Supreme Court · 1946
- Ithaca Fire Department v. RiceAppellate Division of the Supreme Court of the State of New York · 1905
- Baldwin v. Hegeman Farms Corp.New York Supreme Court · 1934
- Harbison v. PropperNew York Supreme Court · 1920
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