Manson v. . Curtis
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 11, 1915, affirming a judgment in favor of defendant entered upon an order of Special Term overruling a demurrer to certain defenses set up in the answer and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 11, 1915, affirming a judgment in favor of defendant entered upon an order of Special Term overruling a demurrer to certain defenses set up in the answer and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to dismiss the plaintiff’s complaint on the ground that it did not state a cause of action. (Abbey v. Wheeler, 170 N. Y. 122; Kain v. Larkin, 141 N. Y. 145; Millikan v. Western Union, 110 N. Y.…
1Opinion of the CourtCollin, J.
The action is to recover the damages arising to the plaintiff by reason of the acts of the defendant. The Special Term decided, under demurrers of the plaintiff to certain defenses alleged in the answer, that the complaint did not state facts sufficient to constitute a cause of action and should be dismissed. The consequent judgment was affirmed by the Appellate Division.
The- determinative allegations of the complaint are: In November, 1911, there existed a domestic corporation, the Bermuda-Atlantic Steamship Company. It was formed in December, 1910, as the successor of a corporation with the…
2Cases cited11 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Shedlinsky v. . Budweiser Brewing Co.New York Court of Appeals · 1900
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3Cited by128 opinions
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Clark v. DodgeNew York Court of Appeals · 1936
- Matter of KohlerNew York Court of Appeals · 1921
- Van Campen v. Olean General HospitalAppellate Division of the Supreme Court of the State of New York · 1924
- McQuade v. StonehamNew York Court of Appeals · 1934
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