Ottinger v. . Bennett
New York Court of Appeals
Appeal, hy permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1911, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer in an action for deceit. The following questions were certified: “First. Does the complaint state facts sufficient to constitute a cause of action ? “ Second.
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Appeal, hy permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1911, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer in an action for deceit. The following questions were certified: “First. Does the complaint state facts sufficient to constitute a cause of action ? “ Second. Is the partial defense contained in the answer of the defendant John R. Bennett insufficient in law upon the face thereof ? ”
1Opinion of the Court
Order of Appellate Division reversed and interlocutory judgment affirmed, with costs in both courts, on dissenting opinion of Miller, J., below, and both questions certified answered in the affirmative.
Concur: Cullen, Oh. J., Haight, Vann, Werner, Willard Bartlett, Hisoocic and Chase, JJ.
2Cited by13 opinions
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- United States v. BrownDistrict Court, S.D. New York · 1933
- Bystrom v. VillardAppellate Division of the Supreme Court of the State of New York · 1916
- Childs v. WhiteAppellate Division of the Supreme Court of the State of New York · 1913
- Hill v. International Products Co.New York Supreme Court · 1925
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