East River Electric Light Co. v. Clark
New York Court of Common Pleas
Appeal from city court, general term. Action by the East River Electric Light Company against Francis A. Clark upon a specific agreement. Judgment for plaintiff on the pleadings. Defendant appeals.
1Opinion of the CourtPryor, J.
The appeal being from the judgment only, we have no jurisdiction to review the facts. But, as judgment was directed on the pleadings, there is, in truth, no question of fact in controversy; and the only point for adjudication is whether the answer raised any issue for trial.
1. The complaint contains the averment that the-plaintiff was and is “ai domestic corporation,” etc. The answer alleges merely that the defendant “has no knowledge or information sufficient to form a belief as to the plaintiff being a domestic corporation.” As a general rule of pleading under the-Code, it is a sufficient…
2Cases cited4 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Wood v. WhitingNew York Supreme Court · 1855
- Swinburne v. StockwellNew York Supreme Court · 1879
3Cited by1 opinion
- Driscoll v. Brooklyn Union Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1904