Tate v. American Woolen Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Woolen Company, from an interlocutory judgment of the Supireme ’Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1906, upon the decision of the court rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Ingraham, J.:
The complaint alleges twenty-five separate causes of action. As the allegations as to each cause of action are the same, except as to the amount and names of the persons from whom the defendant received the money which is sought to be recovered, it will only be necessary to discuss the first cause of action and the defendant’s demurrer thereto.
For a first cause of action the complaint alleges that the defendant, a foreign corporation, in and about the month of July, 1904, was indebted to Terence J. McManus for money had and received by the defendant amounting to §1,040 ; that…
2Cases cited1 opinion
- Sampson v. Grand Rapids School Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by10 opinions
- Schmitt v. McMillanAppellate Division of the Supreme Court of the State of New York · 1916
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Rodgers & Hagerty, Inc. v. Brunswick Marine Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1919
- Clements v. W. S. Cooper Co.New York Supreme Court · 1912
- Mitchell v. Dunmore Realty Co.New York Supreme Court · 1908
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