Peters v. Needham Piano & Organ Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the'plaintiff, Christian F. Peters, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of -the county of New York on the 9th day of December, 1907, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Per.Cdriam:
Appeal from an interlocutory judgment overruling a demurrer to the second and third separate defenses of the answer. ■ The complaint contains certain allegations appropriate in an action to recover damages for malicious prosecution. The learned court at Special Term examining the complaint, in an éndeavor to ascertain what causé of action was • intended to be set up, concluded that it did not allege facts sufficient to state such cause of action. With this we agree. The complaint contains certain allegations appropriate» in an action to recover damages, for the wrongful taking and…
2Cases cited2 opinions
- Fisher v. . GouldNew York Court of Appeals · 1880
- National Contracting Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Hull v. . HullNew York Court of Appeals · 1919