Fuller Process Co. v. Texas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fuller Process Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of August, 1920, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer and dismissing the complaint upon the merits; also from an order entered in said clerk’s office on the 26th day of July, 1920, granting defendant’s motion…
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Appeal by the plaintiff, Fuller Process Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 3d day of August, 1920, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer and dismissing the complaint upon the merits; also from an order entered in said clerk’s office on the 26th day of July, 1920, granting defendant’s motion for judgment on the pleadings; also from an order entered on •the 8th day of July, 1920, denying plaintiff’s motion for…
1Opinion of the Court
Smith, J.:
The pleadings consist of a complaint and of a demurrer which questions the sufficiency of the complaint. An agreement was signed by the plaintiff and one Baker. The plaintiff is seeking to hold this defendant on the ground that the agreement was in fact, though not in form, made with the defendant. The defendant contests the plaintiff’s claim upon the ground that the fact that the instrument is under seal precludes the plaintiff from holding thereupon any other party than the party named in the instrument. As to sealed instruments this would seem to be held. (Spencer v. Huntington,…
2Cases cited5 opinions
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Rusling v. Union Pipe & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Spencer v. . HuntingtonNew York Court of Appeals · 1905
- Slade v. SquierAppellate Division of the Supreme Court of the State of New York · 1909
- Rusling v. . Union Pipe and Construction CompanyNew York Court of Appeals · 1899
3Cited by1 opinion
- Raw Silk Trading Co. v. KatzAppellate Division of the Supreme Court of the State of New York · 1922