Powers v. Universal Film Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick A. Powers, from three orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of April, 1914. Two of said orders sustained the separate demurrers of the defendants to the amended complaint herein and granted their separate motions for judgment on the pleadings; the third order denied plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
McLaughlin, J.:
The defendants separately demurred to the complaint upon the grounds (1) that it did not state facts sufficient to constitute a cause of action; (3) that causes of action had been improperly joined, and (3) defect of parties defendant. After the demurrers had been interposed, each party moved for judgment on the pleadings. The plaintiff’s motion was denied and each of the defendants’ motions was granted, upon the ground that the complaint did not state a cause of action. The plaintiff appeals from each order.
The complaint is by no means a model pleading, and it is somewhat…
2Cases cited7 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Bedford v. American Aluminum & Specialty Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Middlebrook v. Merchants' BankNew York Supreme Court · 1864
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3Cited by1 opinion
- Spielberg v. Canada Steamship Lines, Ltd.New York Supreme Court · 1917