Ottinger v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal '"by the defendant, John R. Bennett, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 22d day of November, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiffs’ demurrer to a partial defense contained in the amended answer of the defendant, John R. Bennett.
1Opinion of the Court
Ingraham, P. J.:
Upon an appeal from a judgment sustaining a demurrer to a separate defense set up in the-answer the defendant attacks the sufficiency of the complaint, and as I do not think the complaint alleges a cause of action the judgment should not be-affirmed.
The complaint alleges that the American Ice Company, a corporation organized under the laws of the State of New Jersey, had issued preferred and common stock, and on January 23, 1902, the board of directors of said company declared a dividend of one dollar per share upon the common stock of the American Ice Company, payable to…
2Cases cited2 opinions
- People Ex Rel. Edison General Electric Co. v. BarkerNew York Court of Appeals · 1894
- Keeler v. SeamanNew York Supreme Court · 1905
3Cited by14 opinions
- Sheridan Drive-In, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1962
- United States v. BrownDistrict Court, S.D. New York · 1933
- Bystrom v. VillardAppellate Division of the Supreme Court of the State of New York · 1916
- Childs v. WhiteAppellate Division of the Supreme Court of the State of New York · 1913
- Hill v. International Products Co.New York Supreme Court · 1925
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