A. O. Andersen Trading Co. v. Brody
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, A. 0. Andersen Trading Company, Ltd., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of May, 1920, pursuant to an order made at the New York Special Term and entered in the office of the clerk of the County of New York on the 28th day of April, 1920, dismissing the amended complaint, and also from the order upon which said judgment was entered granting…
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Appeal by the plaintiff, A. 0. Andersen Trading Company, Ltd., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of May, 1920, pursuant to an order made at the New York Special Term and entered in the office of the clerk of the County of New York on the 28th day of April, 1920, dismissing the amended complaint, and also from the order upon which said judgment was entered granting defendant’s motion for judgment on the pleadings dismissing the amended complaint for failure to state facts sufficient to…
1Opinion of the Court
Láughlin, J.:
This is an action to recover damages for a breach of warranty-on the sale by the defendant to the plaintiff of cocoa bags. The motion for the dismissal of the complaint was made on the ground that it fails to state facts sufficient to constitute a cause of action and was confined to the pleadings, but the record on appeal contains a verified bill of particulars of the plaintiff’s claim, and the order and judgment refer to it as having been read and considered on the motion. It is contended in behalf of the appellant that such a motion must be decided on the pleadings without…
2Cases cited4 opinions
- Dineen v. MayAppellate Division of the Supreme Court of the State of New York · 1912
- Standard Fashion Co. v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1910
- Godwin v. Liberty-Nassau Building Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Egbert v. Hanford Produce Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by8 opinions
- Bolivar v. MonnatAppellate Division of the Supreme Court of the State of New York · 1931
- Pease Piano Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1921
- Du Pont Automobile Distributors, Inc. v. Du Pont Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1925
- Freier v. ShayaniCity of New York Municipal Court · 1958
- Samuel Kronman & Co. v. Public National BankAppellate Division of the Supreme Court of the State of New York · 1926
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