Spencer v. Wabash Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Queens county. Six actions by Albert JV Spencer, as assignee of Walter Blister and -others, against the Wabash Railroad Company, for loss of.baggage. Demurrers to the complaints were overruled, and from the interlocutory judgments entered thereon defendant appeals.
1Opinion of the CourtGoodrich, P. J.
The demurrer was upon the grounds that all the parties to the agreement set out in the complaint must be made parties to the action, and also that the complaint does not state facts sufficient to, constitute 'a cause of action. The court overruled the demurrer, and from the interlocutory judgment entered thereon the defendant appeals.
The complaint alleges that the defendant is a corporation, and a common carrier; that the plaintiff’s three assignors were members of a theatrical company engaged in the production of a play entitled “In Old Kentucky”; that in January, 1898, the defendant, for a…
2Cases cited8 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Emery v. . PeaseNew York Court of Appeals · 1859
- Wright v. . WrightNew York Court of Appeals · 1873
- Emmeluth v. . H.B. AssociationNew York Court of Appeals · 1890
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