Legal Opinion

Scott ex rel. Scott v. Prudential Outfitting Co.

Appellate Terms of the Supreme Court of New York

Decided November 15, 1915PublishedCited by 2 opinions

Appeal by plaintiff from a judgment of tbe Municipal Court of tbe city of New York, borough of Manhattan, third district, sustaining a demurrer to tbe amended complaint and dismissing tbe complaint.

1Opinion of the CourtBi.jur, J.

The demurrer was upon two grounds: 1. That the court had no jurisdiction over the cause of action. 2. That the complaint did not state facts sufficient to constitute a cause of action.

The allegations of the complaint are in substance that in April, 1915, the infant of whom plaintiff is the guardian ad litem was in the employ of a corporation and had so been for over two years prior thereto; that in that month the defendant represented to the employer that the infant was indebted to the defendant and had given an assignment of her salary as security for such indebtedness and that defendant…

2Cases cited4 opinions

  1. Walker v. CroninMassachusetts Supreme Judicial Court · 1871
  2. Moran v. DunphyMassachusetts Supreme Judicial Court · 1901
  3. Streever v. BirchNew York Supreme Court · 1891
  4. Warschauser v. Brooklyn Furniture Co.Appellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. A. S. Rampell, Inc. v. Hyster Co.Appellate Division of the Supreme Court of the State of New York · 1956
  2. Shackman v. CalaAppellate Division of the Supreme Court of the State of New York · 1945

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