Legal Opinion

Kohlmetz v. Calkins

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 12 opinions

Appeal by the defendant, William W. Calkins from an inters loentory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 8th day of October, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term overruling his demurrer to the complaint.

Read the full summary

Appeal by the defendant, William W. Calkins from an inters loentory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 8th day of October, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term overruling his demurrer to the complaint. The plaintiff alleges that the company was incorporated in April, 1891, under and by virtue of chapter 41 of the Laws of 1848. That the plaintiff in a certain- action against the company was appointed receiver of its property, etc. And that by the judgment in…

1Opinion of the Court

Interlocutory judgment affirmed, with costs, on the opinion of Bbadlet, J., delivered at Special Term, with leave to withdraw the demurrer and answer upon payment of the costs of the demurrer and of this appeal.

All concurred.

The following is the opinion of Bbadlet, J.:

Bradley, J.:

The effect of the allegation that the Rochester and Cayuga Lake Vineyard Company was duly incorporated is not rendered ineffectual by the reference made to chapter 41 of the Laws of 1848. That chapter has no relation to the subject. And it is evident that by inadvertence chapter 41, instead of chapter 40, of the Laws…

2Cases cited7 opinions

  1. Considerant v. . BrisbaneNew York Court of Appeals · 1860
  2. Burr v. . WilcoxNew York Court of Appeals · 1860
  3. Hawley v. UptonSupreme Court of the United States · 1880
  4. St. Paul, Stillwater & Taylor's Falls Railroad v. RobbinsSupreme Court of Minnesota · 1877
  5. Butler University v. ScoonoverIndiana Supreme Court · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In re the Estate of McCaffertyNew York Surrogate's Court · 1933
  2. Beals v. Buffalo Expanded Metal Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900
  3. Kappers v. Cast Stone Construction Co.Wisconsin Supreme Court · 1924
  4. Beals v. Buffalo Expanded Metal Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. In re the Arbitration between Schlaifer & KaiserNew York Supreme Court · 1975

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API