Bilder v. Ellis
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Nathan Bilder, as trustee in bankruptcy of the Kornit Manufacturing Company, against Charles E. Ellis. From an order granting plaintiff’s motion for judgment on the pleadings, defendant appeals.
1Opinion of the CourtLaughlin, J.
[1] The order might well be affirmed on the opinion of Mr. Justice Page at Special Term were it not for the fact that we deem it advisable to point out that defendant is in default with respect to the supplemental complaint. The demurrer to the supplemental complaint only was not authorized for the reason that the supplemental complaint was not served in place of the_ amended complaint, but for the purpose of alleging a conclusive adjudication on the issues since the commencement of the action, and therefore the amended complaint has not been superseded and still stands. Haywood v. Hood, 44…
2Cases cited3 opinions
- Stearns v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1900
- Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1898
- Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Baron v. BrownDistrict Court, S.D. New York · 1949