Schroeder v. Fine
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special 'Term. Action by George Schroeder against Samuel Fine and another, co-partners doing business under the firm name of A. Fine & Sons. From an interlocutory judgment, entered in the City Court of the City of New York, overruling a demurrer to the first cause of action alleged in the complaint, defendants appeal. Reversed, and demurrer sustained, with leave to plaintiff to plead anew.
1Opinion of the CourtSeabury, J.
This appeal arises from an interlocutory judgment overruling the demurrer to_the first cause of action alleged 'in the complaint. The cause of action referred to is to recover commissions claimed to be due" the plaintiff as a salesman under a contract referred to in the complaint and annexed thereto.
[1] The annexation of a copy of the contract to the complaint and the reference in the complaint to it is equivalent to a recital in the complaint of all the facts alleged in the contract. Spence v. Woods, 134 App. Div. 182, 118 N. Y. Supp. 807.
[2] . The plaintiff’s right to commissions is based…
2Cases cited2 opinions
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
- Spence v. WoodsAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Newmark v. Thoens & Flaunlacher, Inc.Appellate Division of the Supreme Court of the State of New York · 1934