Fulton County Gas & Electric Co. v. Hudson River Telephone Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 4, 1909, which reversed an interlocutory judgment of Special Term overruling demurrers to counterclaims contained in the answer. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 4, 1909, which reversed an interlocutory judgment of Special Term overruling demurrers to counterclaims contained in the answer. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action. If, therefore, the countei’clainas, or either of them, are otherwise demurrable, they are good enough counterclaims to a bad complaint, and…
1Opinion of the CourtCollin, J.
The action is to recover the sums expended by plaintiff in paying in full the judgments recovered against the plaintiff and defendant herein, in an action against them jointly in which Nathan W. Horning was plaintiff; also the sum expended by plaintiff for the services and disbursements of its attorneys and counsel and otherwise in defending said Horning action, those sums aggregating, as alleged, $20,923.41. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The Special Term overruled said demurrer with leave to…
2Cases cited10 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Glen & Hall Manufacturing Co. v. HallCommission of Appeals · 1874
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
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3Cited by51 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Nancy Kosakow v. New Rochelle Radiology Associates, P.C.Court of Appeals for the Second Circuit · 2001
- New York State Labor Relations Board v. Holland Laundry, Inc.New York Court of Appeals · 1945
- Rochelle S. Moser v. Anne Sisko Pollin, Irvin Pollin, Hyman Sisko, and George M. CerroneCourt of Appeals for the Second Circuit · 2002
- Seibert v. . DunnNew York Court of Appeals · 1915
46 more not listed; retrieve them via the Exa API.