Rodgers v. H. S. Kerbaugh, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, H. S. Kerbaugh, Incorporated, and others, 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 21st day of September, 1916, denying their motion to require plaintiff separately to state and number the causes of action set forth in the complaint.
1Dissent
Scott, J. (dissenting):
The plaintiff alleges that on September 13, 1910, he assigned and transferred to defendant H. S. Kerbaugh, Inc., a certain valuable contract with the city of New York known as contract No. 9, for the construction of the Kensico dam and appurtenances, together with the plant provided and installed for *682carrying on said contract, and the moneys due or to come due thereon, for which he received promissory notes aggregating $671,692.52 made by H. S. Kerbaugh, Inc., and indorsed by Henry S. Kerbaugh individually, and thereupon the defendant H. S. Kerbaugh, Inc., took…
2Cases cited6 opinions
- Callanan v. . K., A.C. L.C.R.R. Co.New York Court of Appeals · 1910
- Green v. . DaviesNew York Court of Appeals · 1905
- Freer v. . DentonNew York Court of Appeals · 1875
- Astoria Silk Works v. Plymouth Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Realty Transfer Co. v. Cohn-Baer-Myers & Aronson Co.Appellate Division of the Supreme Court of the State of New York · 1909
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