Doyle v. Delaney
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas S.-Doyle, from an interlocutory judgment, of the Supreme Court In favor of the defendant Joseph M. Delaney, entered in the office of the clerk of the county of New York on the 21st day of December, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the said defendant’s demurrer to the amended complaint.
1Opinion of the Court
Patterson, J.:
The plaintiff appeals from an interlocutory judgment sustaining a demurrer tó the complaint interposed by the defendant Joseph M. Delaney. It was held by the court below that the complaint did not state facts sufficient to constitute a cause of action, against the demurrant. Briefly summarized, the allegations of that pleading are as follows : That the defendant Delaney and Frank Healy were copartners under the firm name of J. M. Delaney &' Co., and the other defendants were copartners under the firm name and style of Post & Co.; that on May 27, 1903, the plaintiff entered into…
2Cases cited4 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Wisner v. Consolidated Fruit Jar Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Clements v. W. S. Cooper Co.New York Supreme Court · 1912
- Cozzens v. American General Engineering Co.New York Supreme Court · 1907
- Henderson v. Jackson Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Kelsey v. WallsNew York Supreme Court · 1907