Chapman v. George R. Read & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George R. Read and Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 10th day of November, 1911, affirming an order of the City Court of the city of New York, entered in the office of the clerk of said court on the 9th day of September, 1911, denying the defendant’s motion for judgment on the pleadings and to vacate an order for the examination of the defendant…
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Appeal by the defendant, George R. Read and Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 10th day of November, 1911, affirming an order of the City Court of the city of New York, entered in the office of the clerk of said court on the 9th day of September, 1911, denying the defendant’s motion for judgment on the pleadings and to vacate an order for the examination of the defendant before trial by two of its officers.
1Opinion of the Court
Laughlin, J.:
The learned justice of the City Court was of the opinion that it was improper to combine in a single motion an application for judgment on the pleadings or, in the alternative, to vacate the order for the examination of the defendant; but he was also of the opinion that the motion should be denied on the merits. The respondent seeks to sustain the determination on the ground that the motion was unauthorized for the reason that it combined demands for relief of a different nature, depending on different facts and circumstances wholly unrelated. We are of opinion that the practice…
2Cases cited1 opinion
- Solar Baking Powder Co. v. Royal Baking Powder Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Continental Securities Co. v. Interborough Rapid Transit Co.New York Supreme Court · 1922
- Buxbaum v. PaulsenNew York Supreme Court · 1916