Tew v. . Wolfsohn
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1903, which affirmed an interlocutory judgment of Special Term entered upon a decision overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1903, which affirmed an interlocutory judgment of Special Term entered upon a decision overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. Where two causes of action upon contract are joined in the same action a demurrer to the complaint upon the ground that all the defendants are not affected by both causes, lies at the "instance of a defendant who is so…
1Opinion of the CourtO’Brien, J.
The plaintiff sought to recover damages from the defendants, husband and wife, for breach of a contract. The plaintiff alleges that he is a professional singer and that a contract of employment was made with him. The husband alone has demurred to the complaint upon the sole ground that several causes of action-have been improperly united in the complaint. ’ The court overruled the demurrer and the order was affirmed on appeal. The case comes here upon appeal with a question certified, which in substance is, whether the complaint is open to the objection stated in the demurrer.
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2Cases cited2 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- De Remer v. . BrownNew York Court of Appeals · 1901
3Cited by19 opinions
- J. Aron & Co. v. DannebrogCourt of Appeals for the Second Circuit · 1923
- Joseph Denunzio Fruit Co. v. CraneDistrict Court, S.D. California · 1948
- Parsons v. RiceMontana Supreme Court · 1928
- Kirkpatrick v. San Angelo Nat. BankCourt of Appeals of Texas · 1912
- Hushion v. McBrideMassachusetts Supreme Judicial Court · 1936
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