Rosenthal v. Rubin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Rubin, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the bth day of October, Í911, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
McLaughlin, J:
Appeal from an interlocutory judgment overruling demurrers to the first and third causes of action set out in the complaint, upon the ground that neither of them states facts sufficient to. constitute a cause of action. The demurrers were overruled, as appears from the opinion of the learned justice sitting at Special Term, upon the ground that each cause of action was predicated, not upon the plaintiffs’ performance of the contract, but upon the ground that such performance had been prevented by the defendant, and, therefore, need not be alleged.
*46In the first cause of action the…
2Cases cited4 opinions
- Clemens v. American Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902
- Hilton & Dodge Lumber Co. v. Robert R. Sizer & Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Feuerstein v. German Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
- Gansevoort Bank v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Lexington Sheet Metal Works v. Libman Contracting Co.Appellate Terms of the Supreme Court of New York · 1914
- Rosenthal v. RubinAppellate Division of the Supreme Court of the State of New York · 1913
- Wright v. LarkinNew York Supreme Court · 1915