Howard v. Mobile Co. of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mobile Company of America, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 18th day of April, 1902, denying the defendant’s motion to strike out certain allegations from the amended complaint as irrelevant and. redundant.
1Opinion of the Court
Williams, J.:
The order appealed from should be affirmed, with costs.
The action was brought to recover damages for injuries to plaintiff’s buildings by fire. The property was at II Carey street, in the city of Buffalo, N. Y., and was leased by plaintiff to defendant to-be used as a-livery for mobile station carriages. The lease was in writing and was set out in the complaint in full. Among other provisions therein contained was the following: “ The Mobile Co. agree to conform to the Eire Underwriters’ rules as to the stor*25age and care of gasoline.” The complaint alleged what those rules…
2Cited by4 opinions
- Indelli v. LessterAppellate Division of the Supreme Court of the State of New York · 1909
- Wolf v. Domestic Broadtail Producers, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Farney v. WeirichNew York Supreme Court · 1906
- Ames v. Pennsylvania RailroadNew York Supreme Court · 1959