Brown v. Arbogast & Bastian Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martha T. Brown, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of February, 1914, granting respondent’s motion for judgment on the pleadings, and sustaining its demurrer to the amended complaint, and also an appeal from the judgment entered in said clerk’s office on the 25th day of February, 1914, dismissing the amended complaint pursuant to said…
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Appeal by the plaintiff, Martha T. Brown, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of February, 1914, granting respondent’s motion for judgment on the pleadings, and sustaining its demurrer to the amended complaint, and also an appeal from the judgment entered in said clerk’s office on the 25th day of February, 1914, dismissing the amended complaint pursuant to said order.
1Opinion of the Court
Laughlin, J.:
The demurrer is upon the grounds that the complaint failed to state facts sufficient to constitute a cause of action, and that there is a defect of parties plaintiff in that Harold P. Brown is a necessary party to the action. A like demurrer to the original complaint interposed by the same defendant was sustained on a motion for judgment on the pleadings, and the order was affirmed by this court. (159 App. Div. 908.) Pursuant to the leave granted the complaint was amended, and the learned counsel for the appellant seems confident that it now states a cause of action against the…
2Cases cited7 opinions
- Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
- Hasberg v. MosesAppellate Division of the Supreme Court of the State of New York · 1903
- Ehrich v. GrantAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by3 opinions
- Sasanow v. Williamsburg Savings BankAppellate Division of the Supreme Court of the State of New York · 1939
- Nathan v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1937
- Powers v. Universal Film Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1914