Evers v. Gould
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment overruling a demurrer interposed by the defendant in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the CourtPlatzek, J.
The respondent’s brief embraces many statements extraneous of the record, and, as to such, it cannot be regarded. The record is conclusive upon this court, and shows that, when the parties met in the lower court for pleading, on March 25, 1907, the plaintiff’s complaint was an oral one and was for “ breach of contract, damages to personal property.” ' The defendant interposed a written demurrer thereto and, as appears by an indorsement upon the summons, briefs were to be submitted on March 30, 1907. The defendant made no further appearance and a judgment overruling the demurrer was rendered…
2Cases cited1 opinion
- Schiller v. HardenburgAppellate Terms of the Supreme Court of New York · 1907