Gabay v. Doane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry G. Gabay, from, a final judgment: of the Supreme Court in favor of the defendants, entered in the' office of the clerk of the county of New York on the 8th day of October, 1901, nunc fro fame as of the 27tli day of September,. 1901, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the second defense set up in the defendants’ answer and dismissing the complaint on the…
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Appeal by the plaintiff, Henry G. Gabay, from, a final judgment: of the Supreme Court in favor of the defendants, entered in the' office of the clerk of the county of New York on the 8th day of October, 1901, nunc fro fame as of the 27tli day of September,. 1901, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the second defense set up in the defendants’ answer and dismissing the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The plaintiff also appealed “ from said,…
1Opinion of the Court
Ingraham, J.:. There is an appeal in this case from a decision of the Special Term directing judgment overruling a demurrer and dismissing the complaint. As no such appeal is allowed by the Code that appeal must be dismissed. The plaintiff also appeals from a final judgment overruling the plaintiff’s demurrer and dismissing the complaint, and that appeal brings before us the correctness of the decision upon which the judgment was entered.
The action was brought to recover the damages sustained by the plaintiff by reason of the delivery to the plaintiff, by the defendants’ testator of a certain…
2Cases cited1 opinion
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
3Cited by9 opinions
- First National Bank of Pukwana v. Brule National Bank of ChamberlainSouth Dakota Supreme Court · 1917
- Moore Bros. Glass v. Drevet Mfg. Co.U.S. Circuit Court for the District of Southern New York · 1897
- Sterling National Bank & Trust Co. v. Merchants BankCivil Court of the City of New York · 1965
- Columbia Casualty Co. v. YanoweCity of New York Municipal Court · 1936
- John H. Parker Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
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