Abbott v. Harbeson Textile Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Harbeson Textile Company and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of January, 1914, overruling demurrers to the amended complaint, and also an appeal from the order entered in said clerk’s office on the 12th day of January, 1914, pursuant to which the interlocutory judgment was entered.
1Opinion of the Court
McLaughlin, J.:
The defendants demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrers were overruled and they appeal.
The complaint alleges, in substance, that prior to June 5, 1909, the plaintiff and defendants Harbeson, Hiers and Jackson agreed, either with or without defendant McMurray, to associate themselves together for at least five years “ in the business of merchandising textile fabrics,” and for that purpose to form a corporation under the laws of the State of New York, with a capital stock of $50,000, divided…
2Cases cited2 opinions
- West v. CamdenSupreme Court of the United States · 1890
- Flaherty v. CaryAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Macklem v. Marine Park Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1959