Bunnell v. Chapman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elverton R. Chapman, 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 1st day of August, 1916, overruling his demurrer to the amended complaint, and also from an order entered in said clerk’s office on the 14th day of August, 1916, denying his motion for a reargument and to set aside the prior order.
1Opinion of the Court
Scott, J.:
This appeal is from an order overruling a demurrer to an amended complaint. We had occasion to consider and discuss the original complaint on an appeal from an order overruling a demurrer to it. For the reasons stated in an opinion by Mr. Justice Laughlin we came to the conclusion that the complaint as then framed was insufficient (173 App. Div. 108). We have no intention to rediscuss the questions then considered and determined by us, and shall confine ourselves to considering whether the plaintiff by his amended complaint has met the. deficiencies found in the original pleading.…
2Cases cited2 opinions
- Kalley v. . BakerNew York Court of Appeals · 1892
- Bunnell v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by2 opinions
- Carns v. BassickAppellate Division of the Supreme Court of the State of New York · 1919
- Gelardin v. Flomarcy Co.Appellate Division of the Supreme Court of the State of New York · 1944