Coatsworth v. Lehigh Valley Railway Co.
New York Court of Appeals
Appeal, by certification, from an interlocutory judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 23, 1897, affirming an interlocutory judgment entered upon a decision of the Special Term overruling a demurrer to the complaint. The material allegations of the complaint, the ground of demurrer and the questions certified for review are set forth in the opinion.
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Appeal, by certification, from an interlocutory judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 23, 1897, affirming an interlocutory judgment entered upon a decision of the Special Term overruling a demurrer to the complaint. The material allegations of the complaint, the ground of demurrer and the questions certified for review are set forth in the opinion. Where all the allegations of the complaint are made for the purpose of procuring equitable relief, and where equitable relief alone is asked for, the complaint cannot be…
1Opinion of the CourtMartin, J.
This is an appeal allowed by the Appellate Division of the Supreme Court from an interlocutory judgment overruling a demurrer to the complaint. The sole ground of demurrer was that the complaint did not state facts sufficient to constitute a cause of action.
The Lehigh Valley Railway Company is a domestic corporation. The Lehigh Yalley Railroad Company is a foreign corporation, The latter has been for several years, and still is, engaged in operating a line of railroad for the transportation of freight and passengers from Sayre, in the state of Pennsylvania, to the city of Buffalo, in this…
2Cases cited11 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Schenck v. . BarnesNew York Court of Appeals · 1898
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3Cited by73 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Ahrens v. . JonesNew York Court of Appeals · 1902
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