Legal Opinion

Wright v. Glen Telephone Co.

New York Supreme Court

Decided September 15, 1905PublishedCited by 2 opinions

Demurrer to complaint.

1Opinion of the Court

Kellogg, John M., J.

The defendant having demurred to the plaintiff’s complaint a%nits not only the direct allegations of the complaint but also whatever may fairly be inferred from or spelled out of such allegations, the complaint being liberally construed in favor of the pleader. O’Connor v. Virginia Passenger & Power Co., 46 Misc. Rep. 530; 92 N. Y. Supp. 525. So construed, the complaint fairly shows that in the year 1900 the cities of Gloversville and Johnstown were receiving telephone service from the Hudson Biver Telephone Company, and the defendant presented to the common council of the…

2Cases cited4 opinions

  1. American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
  2. Embler v. Hartford Steam Boiler Inspection & InsuranceNew York Court of Appeals · 1899
  3. City of Rochester v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. O'Connor v. Virginia Passenger & Power Co.New York Supreme Court · 1905

3Cited by2 opinions

  1. Seaver v. . RansomNew York Court of Appeals · 1918
  2. Rigney v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914

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