Spencer v. Wabash Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Wabash Railroad Company, from; interlocutory judgments -of the Supreme Court in favor of the plaintiff in each of the above-entitled actions, entered in the office of the clerk of the county of Queens on the 22d day of October, 1898, upon the decisions of the court rendered after trials at the Queens County Special Term overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Goodrich, P. J.:
The demurrer was upon the grounds that all the parties to the agreement set out in the complaint must be made parties to the action, and also that the complaint does not state facts sufficient to constitute a cause of action. The court overruled the demurrer, and from the interlocutory judgment entered thereon the defendant appeals.
The complaint alleges that the defendant is a corporation and a common carrier; that the plaintiff’s three assignors were members of a theatrical company, engaged in the production of a play entitled “ In Old Kentucky ; ” that in January, 1898, the…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Emery v. . PeaseNew York Court of Appeals · 1859
- Emmeluth v. . H.B. AssociationNew York Court of Appeals · 1890
- Societa Italiana Di Beneficenza v. SulzerNew York Court of Appeals · 1893
- Warner v. RossNew York Supreme Court · 1880
3Cited by4 opinions
- Fisher Textile Co. v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1904
- Dunn v. WPOP, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Fisher Textile Co. v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1904
- Litt v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1900