Terwilliger v. Browning, King & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank W. Terwilliger, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 26th day of June, 1914, upon an interlocutory judgment sustaining a demurrer to the complaint, an amended complaint not having been served within the time fixed by said interlocutory judgment, with notice of an intention to bring up for review the said interlocutory judgment sustaining the demurrer on…
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Appeal by the plaintiff, Frank W. Terwilliger, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ulster on the 26th day of June, 1914, upon an interlocutory judgment sustaining a demurrer to the complaint, an amended complaint not having been served within the time fixed by said interlocutory judgment, with notice of an intention to bring up for review the said interlocutory judgment sustaining the demurrer on the ground that the complaint did not state facts sufficient to constitute a cause of action.
1Dissent
Woodward, J. (dissenting):
I agree with the learned court at Special Term that the complaint is substantially identical, so far as it relates to the question presented by the demurrer, with that which was before this court on the former appeal, and it was obviously proper for the court to sustain the demurrer. In practical effect the question is now before this court upon a reargument, and if there were matters not called to the attention of the court upon the previous argument which would *805have materially changed the views of the members of the court if presented it is not improper that an…
2Cases cited6 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Bien v. BixbyAppellate Terms of the Supreme Court of New York · 1896
- Simon v. SchmittAppellate Division of the Supreme Court of the State of New York · 1910
- Natkins v. WettererAppellate Division of the Supreme Court of the State of New York · 1902
- Bien v. BixbyAppellate Terms of the Supreme Court of New York · 1897
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