Schwab v. E. G. Potter Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph E. Schwab, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the Hew York Special Term, overruling the plaintiff’s demurrer to certain defenses contained in the answer.
1Dissent
Soott, J. (dissenting):
The plaintiff appeals from an interlocutory judgment overruling his demurrer to two separate defenses contained in the answer. The court below searching the record for the first error in pleading held that the complaint did not state a cause of action, and upon the principle that a bad answer is good enough for a bad complaint, overruled the demurrer. The sufficiency of the complaint "is, therefore, called in question by this appeal. The complaint alleges that the defendant E. G. Potter Company is a domestic corporation with an authorized capital stock of $350,000, of…
2Cases cited4 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Continental Ins. Co. v. . N.Y. H.R.R. Co.New York Court of Appeals · 1907
- Continental Insurance v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Hennessy v. MuhlemanAppellate Division of the Supreme Court of the State of New York · 1899