Hackett v. Strumpf
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Strumpf, from so much of an interlocutory judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 33d day of November, 1912, upon the decision of the. court, rendered after a trial at the Kings County Special Term, as directs that the demurrer interposed by the defendant Strumpf to the complaint be overruled as to one ground stated therein, with costs to the plaintiff, and also from so much of…
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Appeal by the defendant, Edward Strumpf, from so much of an interlocutory judgment of the County Court of Kings county, entered in the office of the clerk of said county on the 33d day of November, 1912, upon the decision of the. court, rendered after a trial at the Kings County Special Term, as directs that the demurrer interposed by the defendant Strumpf to the complaint be overruled as to one ground stated therein, with costs to the plaintiff, and also from so much of said judgment as directs that the said costs of the plaintiff offset the costs of the defendant Edward Strumpf upon…
1Opinion of the Court
Hirschberg, J.:
The action is brought to recover damages for an assault upon the plaintiff, committed by the defendant Edward Strumpf, while the latter was engaged in the employment of the defendant with whom he is impleaded. The action is brought in the County Court of the county of Kings, the complaint alleging that the damages occasioned by the assault amount to the sum of $2,500, for which amount judgment is demanded. But one cause of action is set up in the complaint. The defendant Strumpf demurred to the complaint on two grounds: First, that it does not state facts sufficient to…
2Cases cited1 opinion
- Irving v. ReesAppellate Division of the Supreme Court of the State of New York · 1911