Daub Storage Warehouse & Van Co. v. Fitzhenry
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an interlocutory judgment of the Municipal Court of the city of New York, borough of' Manhattan, second district.
1Opinion of the CourtGiegerich, J.
Hpon the return day of the summons in this case the parties appeared and the plaintiff complained orally as follows: “Work, Labor and Services.” The de*221fendant thereupon interposed a written demurrer to the complaint. The demurrer was sustained, with leave to the plaintiff to plead over. The plaintiff then pleaded as follows : “ Work, labor and services rendered at defendant’s request, for an agreed price of $250.” This complaint appears to have been reduced to writing and is attached to the summons in the return. To this amended complaint the defendant again demurred, upon the ground that it…
2Cases cited3 opinions
- Reed v. LandauAppellate Terms of the Supreme Court of New York · 1909
- Samelson v. MayerAppellate Division of the Supreme Court of the State of New York · 1910
- State Board of Pharmacy v. DaveyAppellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- Rohman v. JafferAppellate Terms of the Supreme Court of New York · 1914