Spies v. Michelsen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiS, Amelia L. Spies, as executrix,-etc., of Francis ‘Spies, deceased, from a judgment of the Court of'Common Pleas for the city and county of New Fork in favor -of the defendant, entered in the office of the clerk of said court on the 25th day
1Opinion of the Court
Ingraham, J.:
The court dismissed the complaint in this action upon the plead-. ings, the motion to dismiss being upon the ground that the complaint does- not state facts sufficient to constitute a cause of action. The court seems to have granted the motion upon the proposition that counsel who places a cause upon the short cause calendar should at least have his complaint explicit, and leave no room for doubt ■ *227as to its meaning. We think the only question is as to whether or not the complaint alleges a good cause of action in favor of the plaintiff against the defendant. The question…
2Cases cited2 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Bingham v. . Marine National BankNew York Court of Appeals · 1889
3Cited by8 opinions
- Steele v. LeopoldAppellate Division of the Supreme Court of the State of New York · 1909
- Savage v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Atkins v. JudsonAppellate Division of the Supreme Court of the State of New York · 1898
- Leavitt v. Jas. F. Scholes Co.New York Court of Appeals · 1913
- McElwain v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
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