Legal Opinion
Kester v. Western Union Tel. Co.
U.S. Circuit Court for the District of Western New York
Decided May 23, 1901PublishedCited by 4 opinions
Action at Law. On demurrer to answer.
1Opinion of the Court
HAZEL, District Judge.
The plaintiff has demurred to the amended answer served by the defendant, the Western Union Telegraph Company. The demurrer is as follows: “The plaintiff, Benjamin P. Kester, demurs to the amended answer of the defendant herein, verified March 7, 1899, on the ground that the facts stated in the answer do not constitute a defense, and that it is insufficient in law upon the face thereof.” This is an action at law. Therefore the rules of pleading in force in the state of Hew York must' govern the court’s determination. Bev. St. § 914. The demurrer has been taken to the…
2Cases cited5 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Postal Telegraph Cable Co. v. Southern Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1898
- Hollingsworth v. Spectator Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Atlantic & P. Tel. Co. v. Chicago, R. I. & P. R.United States Circuit Court · 1874
3Cited by4 opinions
- Frazier v. East Tennessee Telephone Co.Tennessee Supreme Court · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. Cape Girardeau Bell Telephone Co.Missouri Court of Appeals · 1908
- Cosgriff v. Tri-State Telephone & Telegraph Co.North Dakota Supreme Court · 1906
- United States v. Oklahoma Gas & Electric Co.District Court, W.D. Oklahoma · 1941