Hocking Valley Railway Co. v. Barbour
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Julia Adelaide Barbour and others, as executors, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of May, 1920, denying the defendants’ motion for judgment on the pleadings consisting of a complaint and an answer.
1Opinion of the Court
Smith, J.:
This case was before us upon a former appeal from a judgment holding that the complaint did not state a cause of action. The Hocking Valley Railway Company owned about 2,500 gondola coal cars. They sold to the Central Locomotive and Car Works 2,100 of said cars. They were left with about 350 or 400 cars. Thereafter they sold to one Wardwell 300 of these gondola cars which they had left after the sale to the Central Locomotive and Car Works. Under the complaint as it now stands,-there was a dispute between the Hocking Valley Railway Company and Wardwell as to when the 300 cars were…
2Cases cited2 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hocking Valley Railway Co. v. BarbourAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by4 opinions
- Parsons v. LipeNew York Supreme Court · 1933
- Bayerthal v. BayerthalAppellate Division of the Supreme Court of the State of New York · 1946
- Cochran v. TaylorAppellate Division of the Supreme Court of the State of New York · 1936
- Feinbloom v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1924