Murdock v. McCutchen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harvey Murdock, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 27th day of July, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining a demurrer to the complaint interposed by the defendants Holt and Ammerman, and also from an order entered in said clerk’s office on the' 11th day of July, 1912,…
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Appeal by the plaintiff, Harvey Murdock, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 27th day of July, 1912, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining a demurrer to the complaint interposed by the defendants Holt and Ammerman, and also from an order entered in said clerk’s office on the' 11th day of July, 1912, granting the motion of the defendants Leeming and Brooklyn Trust Company, as executors, etc., of Leonard J. Busby, deceased,…
1Opinion of the Court
Interlocutory judgment and order affirmed, with costs, upon the opinion of Mr, Justice Blackmar at Special Term.
Jerks, P. J., Hirschberg, Burr, Thomas and Carr, JJ., concurred.
The following is the opinion delivered at Special Term:
Blackmar, J.:
The situation as I see it is this: There are in the books belonging to Holt & Co. certain entries which are evidence in the action now pending in this court in which the present plaintiff is plaintiff and the personal representative of a Mr. Busby, a deceased partner of Holt & Co., are defendants. As between the plaintiff and the ■ defendants in the…
2Cases cited1 opinion
- Murdock v. LeemingAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Goldstein v. KayeAppellate Division of the Supreme Court of the State of New York · 1956
- Cote v. Knickerbocker Ice Co.City of New York Municipal Court · 1936
- Idaho Galena Mining Co. v. Judge of the District CourtIdaho Supreme Court · 1929