Legal Opinion

Moore v. Coyne

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 1906PublishedCited by 20 opinions

Appeal by the defendant, The Coyne and Delaney Mariufacturing Company, 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 29th day of January, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant's demurrer to the amended complaint.

1Opinion of the Court

McLaughlin, J.:

The Coyne & Delaney Manufacturing Company demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action against it. The demurrer was overruled and it has appealed.

The'complaint charges that at all the times mentioned John Coyne and James Delaney were a copartnership doing business under the name of Coyne & Delaney; that the Coyne & Delaney Manufacturing Company is a domestic corporation and has an office for, the transaction of business at the same place that the firm of Coyne & Delaney has; that on the 22d of March, 1899, the…

2Cases cited2 opinions

  1. McCullough v. PenceNew York Supreme Court · 1895
  2. Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by20 opinions

  1. In Re Waterson, Berlin & Snyder Co.Court of Appeals for the Second Circuit · 1931
  2. Terner v. Glickstein & Terner, Inc.New York Court of Appeals · 1940
  3. Niehaus v. NiehausAppellate Division of the Supreme Court of the State of New York · 1910
  4. Harle v. BrennigAppellate Division of the Supreme Court of the State of New York · 1909
  5. Ehrlich v. MillsAppellate Division of the Supreme Court of the State of New York · 1926

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