Savage v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William L. Savage and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie-on the 21st day of October, 1899, upon the decision of the court, rendered after a trial at the Erie Special Term, overruling the plaintiffs’ demurrer to the second and third defenses contained in the defendant’s supplemental answer.
1Dissent
McLennan, J. (dissenting):
We think the plaintiffs’ complaint wholly fails to state facts sufficient to constitute a cause of action against the defendant. The rule is applicable which is stated in the head note in Sage v. Culver (147 N. Y. 241), as follows : “ When a complaint is met by ,a demurrer, on the ground that it does not state a cause of action, the pleading will be held to state all facts that can be implied from the allegations by reasonable and fair intendment, and facts so impliedly averred are traversable in the same manner as though directly stated.” (Prindle v. Caruthers, 15…
2Cases cited10 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- People v. . BoothNew York Court of Appeals · 1865
- Clements v. . YturriaNew York Court of Appeals · 1880
5 more not listed; retrieve them via the Exa API.