People v. . O'Brien
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 21, 1913, which reversed 'an order of Special Term granting a motion by defendants for judgment on the pleadings and denied said motion. The following questions were certified: “ 1st. Does the first count of the complaint set forth a cause of action % “ 2d. Does the second count of the complaint set forth a cause of action ? “3d.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 21, 1913, which reversed 'an order of Special Term granting a motion by defendants for judgment on the pleadings and denied said motion. The following questions were certified: “ 1st. Does the first count of the complaint set forth a cause of action % “ 2d. Does the second count of the complaint set forth a cause of action ? “3d. Does the third count of the complaint set forth a cause of action ? ” The nature of the action and the facts, so far as material, are…
1Opinion of the CourtMiller, J.
While the defendants have interposed a verified answer, the sufficiency of the complaint must be tested as upon a demurrer. The plaintiff has attempted to state three causes of action, the material allegations of which aside from the formal matters may be briefly summarized as follows:
1. That between the first day of October, 1903, and the first day of May, 1907, the defendants from time to'time furnished to Clinton Prison coal to the amount of about 33,943 tons and presented verified claims therefor as pea coal to the agent and warden, which claims were to the knowledge of the defendants…
2Cases cited7 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- People v. . StephensNew York Court of Appeals · 1878
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- Danolds v. . the State of New YorkNew York Court of Appeals · 1882
- Knowles v. . City of New YorkNew York Court of Appeals · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
- Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
- State v. F. W. Fitch Co.Supreme Court of Iowa · 1945
- Sweet v. HollearnNew York Supreme Court · 1931
- Tong v. Hang Seng Bank, Ltd.Appellate Division of the Supreme Court of the State of New York · 1994
8 more not listed; retrieve them via the Exa API.