McCann v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an interlocutory 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 14th day of April, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Patterson, J.:
This case comes before us on an appeal from an interlocutory judgment overruling a demurrer to an amended complaint, the ground of demurrer being that the complaint does' not state facts, sufficient *359to constitute a cause of action. It is alleged in the complaint that the plaintiff’s intestate, Daniel F. McCann, was a citizen of the United States and a rammer by trade; that between May 10, 1894, .and October 1, 1896, at the request of the mayor, aldermen and •commonalty of the city of New York, he performed certain work, labor and services, in his trade, for the department of…
2Cases cited2 opinions
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- Castro v. SinghCalifornia Court of Appeal · 1933
- Hutton v. Autoridad Sobre Hogares De La CapitalDistrict Court, D. Puerto Rico · 1948
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