Ivy Courts Realty Co. v. Morton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William L. Morton, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of February, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to matters set forth as a separate defense and counterclaim in the answer.
1Opinion of the Court
Laughlin, J.:
The demurrer is upon the ground that as a separate and distinct defense the part of the answer to which it relates is insufficient in *337law, and that as a counterclaim it does not state facts sufficient to constitute a cause of action. The action is brought to recover $5,000 damages for a breach of contract. It is alleged in the complaint that the plaintiff is the successor to the Morningside Realty-Company, a New Jersey corporation, the corporate name having been duly changed on the 1st day of October, 1901; that on the 15th day of April, 1901, the Morningside Realty Company and…
2Cases cited8 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Fleischmann v. . SternNew York Court of Appeals · 1882
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Smith v. . WetmoreNew York Court of Appeals · 1901
- Douglas v. . CoonleyNew York Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
- People ex rel. McEnroe v. WellsAppellate Division of the Supreme Court of the State of New York · 1903
- Seelav v. McKenzieAppellate Terms of the Supreme Court of New York · 1905
- Straus v. American Publishers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1905
1 more not listed; retrieve them via the Exa API.