New York Lubricating Oil Co. v. C. E. Mills Oil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, 0. E. Mills Oil Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of December, 1915, as amended on the 33d day of December, 1915, and also from an order entered in said clerk’s office on the 14th day of December, 1915, denying the defendants’ motion for a new trial" made upon the minutes. The judgment was entered upon the verdict of a jury.
1Opinion of the Court
Scott, J.:
By the judgment appealed from plaintiff has recovered a substantial sum as damages upon a complaint which alleges no actionable damage whatever. This complaint states, in a somewhat confused way, a number of facts which form parts of two possible but quite distinct causes of action, but as to neither of these are there pleaded all of the allegations which .would be necessary to make out a complete cause of action for damages.
The plaintiff is a domestic corporation engaged in the manufacture and sale of lubricating oils and greases, put up and sold in containers consisting of…
2Cases cited1 opinion
- Molloy v. . Village of Briarcliff ManorNew York Court of Appeals · 1916
3Cited by2 opinions
- Stokes Brothers, Inc. v. DrefsAppellate Division of the Supreme Court of the State of New York · 1935
- Berger Properties, Inc. v. Kay Jewelry Co.New York Supreme Court · 1933