Hirsch v. New England Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Robert B. Hirsch and others, copartners, etc., from an interlocutory judgment of the Supreme Court in favor of the defendants Ferguson, entered in the office of the clerk of the county of New York on the 20th day of May, 1908, upon the decision of the court, rendered after‘a trial at the New York Special Term, sustaining the said defendants’ demurrer to the complaint.
1Dissent
McLaughlin, J. (dissenting):
The defendant Ferguson & Son demurred to the complaint upon the grounds (1) that it did not state facts sufficient to constitute a cause of action against it; and (2) that causes of action were improperly united. The demurrer was sustained upon the first ground and this court is about to affirm the judgment upon the second ground.
*182Irrespective of the question whether an interlocutory judgment sustaining a demurrer upon the ground that the complaint does not state a cause of action can be sustained on appeal upon the ground that causes of action have been improperly…
2Cases cited7 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Olcott v. . CarrollNew York Court of Appeals · 1868
- Ketchum v. Van DusenAppellate Division of the Supreme Court of the State of New York · 1896
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