Doyle v. American Wringer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Annie Doyle against the American Wringer Company. From a judgment in plaintiff’s favor, defendant appeals.
1Opinion of the CourtJEfNKS, J.
The interlocutory judgment overruling the demurrer should be affirmed. I think that the pleader intended to state a cause of action based only. upon personal assault, and that the complaint should be thus construed. The allegation of forcible entry and of the taking of personal property are to be considered as matters of description, and not statements of evidential facts. The pleading in this respect is to be construed as was the pleading in Langdon v. Guy, 91 N. Y. 661. Further, there is neither allegation of injury to the freehold nor of value of the goods taken, even if the pleading in…
2Cases cited3 opinions
- Reilly v. Sicilian Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Griffith v. FriendlyNew York Supreme Court · 1900
- Colton v. JonesThe Superior Court of New York City · 1868
3Cited by1 opinion
- Boulden v. ThompsonCalifornia Court of Appeal · 1913