Ketchum v. Van Dusen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ira W. Ketchum, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warren on the 13th day of June, 1896, upon the dismissal of the complaint, directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Warren.
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Appeal by the plaintiff, Ira W. Ketchum, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warren on the 13th day of June, 1896, upon the dismissal of the complaint, directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Warren. The complaint alleges “that, some time in the latter part of March, 1894, plaintiff and defendant entered into an oral agreement as follows: That if plaintiff and his wife would go onto defendant’s farm and work the same and do…
1Opinion of the Court
Herrick, J.:
When, at the commencement of the trial of an action, and before any evidence is taken, a motion is made to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action, the question presented is one of pleading. (Herbert v. Duryea, 87 Hun, 288.)
And such question is to be decided upon the same principles that govern the decision of a demurrer to a complaint for insufficiency. (Sanders v. Soutter, 126 N. Y. 193; Kain v. Larkin, 141 id. 144.)
*335A demurrer to a complaint for insufficiency can only "be sustained when it appears that,…
2Cases cited5 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Colrick v. . SwinburneNew York Court of Appeals · 1887
- Kenney v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
3Cited by14 opinions
- Ackley v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1916
- Williams v. ConnersAppellate Division of the Supreme Court of the State of New York · 1900
- Coppola v. KraushaarAppellate Division of the Supreme Court of the State of New York · 1905
- Pacific Bridge Co. v. Oregon Hassam Co.Oregon Supreme Court · 1913
- Naylor v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1907
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