Abbey v. . Wheeler
New York Court of Appeals
Appeal from a final judgment entered November 30,1900, upon an order of the General Term of the Supreme Court in the first judicial department, made March 15, 1895, which reversed an interlocutory judgment of tlxe Special Term overruling a demurrer to the complaint and sustained such demurrer.
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Appeal from a final judgment entered November 30,1900, upon an order of the General Term of the Supreme Court in the first judicial department, made March 15, 1895, which reversed an interlocutory judgment of tlxe Special Term overruling a demurrer to the complaint and sustained such demurrer. Also, appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 4, 1901, which affirmed a final judgment dismissing the complaint entered upon an order of the General Term sustaining a demurrer thereto upon appeal from an interlocutory judgment…
1Opinion of the CourtO’Brien, J.
The only question presented by the pleadings in this case was the sufficiency of the complaint. It was met by a demurrer on the part of the defendant Wheeler, which raised the question whether it contained a statement of facts sufficient to constitute a cause of action. The Special Term held that it did, but the General Term, then existing, held that it did not and so reversed the Special Term and gave the plaintiff leave to amend. The plaintiff did not amend, however, but suffered final judgment to be entered dismissing the complaint upon proof that he failed to avail himself of the…
2Cases cited6 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Cosgriff v. . DeweyNew York Court of Appeals · 1900
- Adams v. . FoxNew York Court of Appeals · 1863
- Leonard v. . BarnumNew York Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Spano v. Perini Corp.New York Court of Appeals · 1969
- Puget Sound Gillnetters Association v. United States District Court for the Western District of Washington, United States of America, Real Parties in Interest. Columbia River Fishermen's Protective Union, Inc., Petitioners v. United States District Court for the District of Oregon, and United States of America, Real Parties in Interest-Appellees. United States of America v. State of WashingtonCourt of Appeals for the Ninth Circuit · 1978
- Society Milion Athena, Inc. v. National Bank of GreeceAppellate Division of the Supreme Court of the State of New York · 1938
- Collier v. Wm. Cameron & Co.Court of Appeals of Texas · 1909
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