Stemmerman v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal .by the jfiaintiff, William C. Stemmerman, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 20th day of August, 1907, up.on the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiffs demurrer to the second, third and sixth sepárate defenses contained in the defendant’s' amended answer.
1Opinion of the Court
Houghton, J. :
The plaintiff’s complaint contains two counts for an alleged breach of contract by defendant to purchase asphalt from his assignor, the Densmore-Stabler Refining Company.
The defendant’s answer contains specific and general denials sufficient to put the plaintiff to proof of breach of the contract.
The second'separate defense alleges that, to the knowledge of plaintiff’s assignor, the contract which defendant entered into with it, was made by defendant as the agent of the Asphalt Construction Company, and that it was intended to be and was treated as a contract of -the latter…
2Cases cited1 opinion
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Haffen v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1908
- Black v. GibbsNew York Supreme Court · 1915