Hedges v. Pioneer Iron Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pioneer Iron Works, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Suffolk on the 11th day of November, 1914.
1Opinion of the Court
Jenks, P. J.:
This appeal is from an order of the Special Term that denies defendant’s motion for judgment on the pleadings. The learned Special Term, although criticizing the complaint, was of opinion that it could he sustained as for fraud. The complaint takes up eight pages of the record. It cannot be approved as a form, and its defects can be pointed out without a reproduction.
The wrong asserted by the plaintiff is that the defendant did *209not perform its contract with the plaintiff, in that it failed to furnish an “ asphalt plant ” of a specified daily capacity at a specified time; that the…
2Cases cited6 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Hilton & Dodge Lumber Co. v. Robert R. Sizer & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Tuttle v. RobinsonNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lusk Lumber Co. v. Independent Producers ConsolidatedWyoming Supreme Court · 1926
- Sherwood v. Fred O. H. Fincke Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Berger v. Urban Motion Picture Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Smith v. HedgesAppellate Division of the Supreme Court of the State of New York · 1915
- Murphy v. MahoneyNew York Supreme Court · 1946
4 more not listed; retrieve them via the Exa API.