Legal Opinion

Standard Audit Co. v. Robotham

Appellate Terms of the Supreme Court of New York

Decided March 15, 1909PublishedCited by 1 opinion

Appeal by the defendant from an interlocutory judgment of the City Court of the city of Hew York sustaining the demurrer of the plaintiff.

1Opinion of the CourtMacLean, J.

“ In order to dd -rmine whether the defendants arc sued in their representative capacity, the title, allegations and demand are to be considered as a whole'' (Williamson v. Stevens, 84 App. Div. 518, 524) ; and, so considering, it is apparent that the plaintiff declares against the defendant as an individual, for work, labor and services performed at his special instance and request. To, the last separate defense of the defendant, the plaintiff demurs, on the ground that it is insufficient in law, and so it is and so it has been adjudged by the court below. Claiming in that defense that the…

2Cases cited4 opinions

  1. Schmittler v. . SimonNew York Court of Appeals · 1886
  2. In Re the Assignment of LewisNew York Court of Appeals · 1880
  3. Williamson v. StevensAppellate Division of the Supreme Court of the State of New York · 1903
  4. Roozen v. CloninAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by1 opinion

  1. In re the General Assignment for Benefit of Creditors of Bert Lansman & Sons, Inc., New York County Courts1979

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