Kelsey v. Distler
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Augustus B. Kelsey and others, from an-interlocutory judgment of the Supreme- Court in favor of the defendants Bistler and Van Inwegen, entered in the office of the ‘clerk of the county of Kings on the 18th day of February, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the said defendants’ demurrer to ' the amended complaint.
1Opinion of the Court
Cabe, J.: ,
This is an appeal from an interlocutory judgment sustaining a demurrer to an amended complaint. The original complaint was likewise demurred to, and the demurrer sustained by the Special Term, whose decision was affirmed by this court on the opinion of the trial court. (Kelsey v. Distler, 133 App. Div. 916.) The question involved in this appeal is whether the complaint as amended-states a cause of action against the defendants Bistler and Van Inwegen, w,ho again demur, the defendant Hodges having answered. The amended complaint is somewhat voluminous, but it's salient facts may be…
2Cases cited1 opinion
- Kelsey v. DistlerAppellate Division of the Supreme Court of the State of New York · 1909
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