Knudsten v. Phillips
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Isabella Knudsten against Claudius C. Phillips, doing business under the trade-name of Phillips & Sons. From an interlocutory judgment overruling a demurrer to the complaint, defendant síitipíiIq Tv
1Opinion of the CourtBijur, J.
This action was brought upon defendant’s agreement as a factor to advance $1,383.21 on goods to be shipped to plaintiff. The complaint recites:(5) “That said advancement remains unpaid, except the sum of $755, and there is now due and owing thereon the sum of $628.25, with interest thereon from the 8th day of February, 1909.”
The prayer for relief is:
“Wherefore plaintiff demands judgment against the defendant for the sum of $028.25,” with interest and costs.
Defendant demurred, on the ground that the complaint .does not state facts sufficient to constitute a cause of action. Defendant appellant…
2Cases cited6 opinions
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Kienle v. Fred Gretsch Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Bradford, Eldred & Cuba Railroad v. N. Y., Lake Erie & W. R. R.New York Court of Appeals · 1890
- Hopedale Electric Co. v. Electric Storage Battery Co.New York Court of Appeals · 1906
- Hopedale Electric Co. v. Electric Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1904
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