Sage v. . Culver
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made August 12,1893, which, reversed an order of the Special Term and the interlocutory judgment entered thereon sustaining defendants’ demurrer to plaintiffs’ complaint, and overruled said demurrer.
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Appeal from an interlocutory judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made August 12,1893, which, reversed an order of the Special Term and the interlocutory judgment entered thereon sustaining defendants’ demurrer to plaintiffs’ complaint, and overruled said demurrer. The nature of the action and the allegations of the complaint, so far as material, are set forth in the opinion. - None of the allegations stated in the complaint as to the actions of defendants Culver and Washington constitute a cause of action. (Clark v.…
1Opinion of the CourtO’Brien, J.
While the complaint in this action is open to criticism as lacking in that clearness and fullness of statement essential to good pleading, yet we think that the decision of the General Term overruling the defendants’ demurrer was correct. When a complaint is met by a demurrer on the ground of insufficiency, the question always is whether, assuming every fact alleged to be true, enough has been well stated to constitute any cause of action whatever. The complaint will be deemed to be sufficient whenever the requisite allegations can be fairly gathered from all the averments, though the…
2Cases cited7 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Cowee v. . CornellNew York Court of Appeals · 1878
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Leslie v. . LorillardNew York Court of Appeals · 1888
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3Cited by139 opinions
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
- Subin v. GoldsmithCourt of Appeals for the Second Circuit · 1955
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
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