Gatti-McQuade Co. v. Flynn
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, first district, dismissing the complaint for failure to file an ■ amended complaint after a demurrer to the same had been sustained.
1Opinion of the CourtLehman, J.
Th'e complaint in this action is based upon the alleged neglect of a driver employed by the defendant in her capacity as administratrix of one Patrick H. Keahon and while carrying on the business of the decedent. The complaint also contains allegations as to the death of Patrick H. Keahon and the granting of letters of administration. It demands no judgment against the estate of decedent, but only a money judgment against the defendant. To this the defendant has interposed a demurrer on two grounds: (1) That there is defect of parties defendants in that Virginia Flynn individually is a…
2Cases cited6 opinions
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Beers v. . ShannonNew York Court of Appeals · 1878
- Leonard v. . PierceNew York Court of Appeals · 1905
- Stilwell v. CarpenterNew York Court of Appeals · 1875
- Stilwell v. CarpenterNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johnston v. LongCalifornia Supreme Court · 1947
- In re GorraNew York Surrogate's Court · 1929
- Knickerbocker Ice Co. v. BensonCity of New York Municipal Court · 1935
- Hughes v. HiscoxNew York Supreme Court · 1920
- Johnston v. LongCalifornia Supreme Court · 1947