Reed v. Landau
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Frederick A. Reed against David Landau and another. From an interlocutory judgment overruling a demurrer to the complaint, defendants appeal. Reversed, and leave to amend granted on terms.
1Opinion of the CourtGildersleeve, P. J.
Upon the return day of the summons-herein the plaintiff declared orally as follows: ■ “Action for breach of contract,” This statement was indorsed upon the summons, and the defendant then filed a written demurrer, upon the ground that the complaint failed to state facts sufficient to constitute a cause of action. The demurrer was overruled, and from an interlocutory judgment entered thereon the defendant appeals.
■ This court has already decided the question arising in this case in the case of State Board of Pharmacy v. Davey, 56 Misc. Rep. 568, 107 N. Y. Supp. 46, and in Spitz v. N. Y.…
2Cases cited1 opinion
- State Board of Pharmacy v. DaveyAppellate Terms of the Supreme Court of New York · 1907
3Cited by4 opinions
- Daub Storage Warehouse & Van Co. v. FitzhenryAppellate Terms of the Supreme Court of New York · 1911
- Di Palma v. QuinnAppellate Terms of the Supreme Court of New York · 1918
- Chrysler Credit Corp. v. SmithCivil Court of the City of New York · 1993
- Rohman v. JafferAppellate Terms of the Supreme Court of New York · 1914