City Trust v. American Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, The City Trust, Safe Deposit and Surety Company of Philadelphia, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court at the Monroe Trial Term.
1Opinion of the Court
Davy, J.:
At the Monroe Trial Term on the 27th day of November, 1901, and before any evidence was given, the defendant moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The motion was granted and the plaintiff excepted. The exception so taken was ordered to be heard by *512the Appellate Division in the first instance and that judgment .be suspended in the meantime. •
The only question to be considered upon this motion is, does the complaint state a cause of action.
The complaint alleges, in substance, that on or about the 11th day of…
2Cases cited13 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Pease v. . EganNew York Court of Appeals · 1892
- Brady v. . NallyNew York Court of Appeals · 1896
- Folinsbee v. . SawyerNew York Court of Appeals · 1898
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3Cited by3 opinions
- Bankers Surety Co. v. Willow Springs Beverage Co.Nebraska Supreme Court · 1920
- City Trust v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903