Wayte v. Bowker Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter J. Wáyte, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of April, 1917, denying his motion for judgment on the pleadings consisting of a complaint and demurrers thereto, and also from an order entered in said clerk’s office on the same day, resettling a prior order entered therein on the 29th day of March, 1917, sustaining the demurrers to…
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Appeal by the plaintiff, Walter J. Wáyte, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of April, 1917, denying his motion for judgment on the pleadings consisting of a complaint and demurrers thereto, and also from an order entered in said clerk’s office on the same day, resettling a prior order entered therein on the 29th day of March, 1917, sustaining the demurrers to the complaint.
1Opinion of the Court
Jenks, P. J.:
The two defendants demurred separately that the complaint did not state sufficient facts and did unite improperly two causes of action. The plaintiff moved for judgment on the pleadings. The Special Term made an order that denied the motion and an order that sustained the demurrers and dismissed the plaintiff. As the said motion was the sole matter brought before the court, the second order was error. (Ventriniglia v. Eichner, 138 App. Div. 274; Kober v. Lyle, 177 id. 903.) The plaintiff complains that he and the defendant The American Agricultural Chemical Company made a sealed…
2Cases cited8 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
- Horton v. Hall & Clark Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Collins v. CornwellIndiana Supreme Court · 1892
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3Cited by2 opinions
- Wilson v. SheaCalifornia Supreme Court · 1924
- Paul Mende, Inc. v. Wertz Co.New York Supreme Court · 1928