Creamer v. Metropolitan Securities Co.
Appellate Division of the Supreme Court of the State of New York
■ Separate appeals by the defendants,-The Metropolitan Securities Company and Robert S. Bussing, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office' of the clerk pf the county of Kings on the lOtli day'-of January,. 1907, upon the decision of the court, rendered after a- trial at the Kings County Special Term, overruling separate demurrers to the Complaint. •. . .
1Opinion of the Court
Woodward, J.:
The defendants demur to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. Tlie court at Special Term has overruled the demurrer, and the question presented upon this appeal is whether there is an implied covenant or promise on the part of defendants that they should, through certain corporations in their control, afford an opportunity to litigate certain questions upon the determination of which,, by the Court of Appeals, depended the right of the plaintiff to the sum of $600,000. The question depends upon the construction of a…
2Cases cited2 opinions
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
- Scrantom v. BoothNew York Supreme Court · 1859
3Cited by7 opinions
- Vanadium Corp. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 1947
- Rochester Park, Inc. v. City of RochesterNew York Supreme Court · 1963
- Phœnix Hermetic Co. v. Filtrine Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Hanbury v. Metropolitan Securities Co.Appellate Division of the Supreme Court of the State of New York · 1926
- In re the Arbitration between Uraga Dock Co. & Mediterranean & Oriental Steamship Corp.Appellate Division of the Supreme Court of the State of New York · 1958
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