Symington v. Haxton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, A. Stroud Haxton, from an order 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 24th day of November, 1920, denying his motion to strike from the complaint an allegation with respect to his residence and citizenship.
1Opinion of the Court
Laughlin, J.:
This is an action to recover $100,000 for a breach of warranty-under a contract between the parties by which certain personal property was sold and delivered by the defendant to the plaintiffs for $350,000. In paragraph 1 of the complaint it is alleged that the plaintiffs were copartners and the only allegations in paragraph 2 of the complaint are that the defendant was and still is a British subject and a non-resident of the State of New York. The defendant moved to strike out paragraph 2 and the motion was denied on the ground that all of the allegations of the paragraph are…
2Cases cited2 opinions
- Ernst Zobel Co. v. CanalsAppellate Division of the Supreme Court of the State of New York · 1919
- Howard v. BreitungAppellate Division of the Supreme Court of the State of New York · 1916