Heath Dry Gas Co. v. . Hurd
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1908, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the answer. The following question was certified: “ Does the complaint set forth facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1908, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the answer. The following question was certified: “ Does the complaint set forth facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The demurrer to the answer subjects the complaint to an attack for insufficiency. (Baxter v. McDonnell, 154 N. Y. 132; Lewis v. Booth, 69 N. Y. 620.) The…
1Opinion of the CourtHiscock, J.
The appellants are seeking to defend against the attack made by plaintiff’s demurrer on their answer, as concededly they may do, by attacking in turn the sufficiency of the latter’s complaint, and the questions thus raised are the only ones submitted to us on this appeal. '
The action was brought to recover damages because as claimed the appellants had not fulfilled their obligations under an executory contract with respondent for the manufacture of carbureters, complaint being made as to the quality of those which were supplied. Respondent accepted and has never returned the goods thus…
2Cases cited8 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Reed v. . RandallNew York Court of Appeals · 1864
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Day v. . PoolNew York Court of Appeals · 1873
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3Cited by4 opinions
- Matter of Casualty Co. (Bliss Co. Claim)New York Court of Appeals · 1929
- Stroock Plush Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1912
- Zimkin v. StateNew York Court of Claims · 1964
- Wilson v. MoranSupreme Court of Oklahoma · 1921