De Cordova v. . Sanville
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the first cause of action set forth in the complaint, being to recover money had and received. The following question was certified: “Does the first cause of action in the complaint state facts sufficient to constitute a cause of action ? ”
1Opinion of the Court
Order reversed and interlocutory judgment directed sustaining demurrer, with costs in all courts, on dissenting opinion of Ingraham, P. J., below, and with leave to plaintiff to serve amended complaint within twenty days if so advised. Question certified answered in the negative.
Concur: Willard Bartlett, Ch. J., Hisoock, Chase, Collin, Miller, Cardozo and Seábitry, JJ.
2Cited by5 opinions
- Rogan v. Consolidated Coppermines Co.New York Supreme Court · 1922
- Melenky v. MelenAppellate Division of the Supreme Court of the State of New York · 1919
- Edward Davis, Inc. v. AdlerAppellate Terms of the Supreme Court of New York · 1915
- I. & I. Holding Corp. v. GainsburgNew York Court of Appeals · 1938
- Reiner v. North American Newspaper AllianceNew York Court of Appeals · 1932