Miller v. International Harvester Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Perry B. Miller, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 19th day of January, 1920, denying plaintiff’s motion for judgment on the pleadings and sustaining defendant’s demurrer to the complaint and directing that the defendant have judgment on the pleadings, dismissing the complaint, with costs, and also from the judgment dismissing plaintiff’s complaint…
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Appeal by the plaintiff, Perry B. Miller, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 19th day of January, 1920, denying plaintiff’s motion for judgment on the pleadings and sustaining defendant’s demurrer to the complaint and directing that the defendant have judgment on the pleadings, dismissing the complaint, with costs, and also from the judgment dismissing plaintiff’s complaint entered on said order in said clerk’s office on the same day.
1Opinion of the Court
Hubbs, J.:
The complaint in this action alleges that the plaintiff is an infant more than eighteen years of age; that he was employed by one Garlock as a farm helper; that defendant is a corporation engaged in manufacturing kerosene oil tractors; that the defendant sold and delivered to Garlock a tractor; that the defendant, at or about the time of the sale of the tractor, agreed with Garlock “ to teach and did teach and instruct the plaintiff herein as employee of said Garlock in the operation of said tractor for the purpose of enabling the plaintiff to operate said tractor as employee of…
2Cases cited7 opinions
- Thorne v. DeasNew York Supreme Court · 1809
- Smedes v. President of Bank of UticaNew York Supreme Court · 1823
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
- Wittenberg v. SeitzAppellate Division of the Supreme Court of the State of New York · 1896
- Condon v. Exton-Hall Brokerage & Vessel AgencyCity of New York Municipal Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hartmon v. National Heater Co.Supreme Court of Minnesota · 1953
- Zalak v. CarrollNew York Court of Appeals · 1965
- Weston v. National Manufacturers & Stores Corp.Supreme Court of Alabama · 1950
- Karsteadt v. Phillip Gross Hardware & Supply Co.Wisconsin Supreme Court · 1922
- Lewis v. CrattySupreme Court of Iowa · 1942
7 more not listed; retrieve them via the Exa API.