Fuller v. Tuska
New York Court of Common Pleas
Appeal from city court, general term. Action by George W. Fuller against David S. Tuska. From an order and a judgment of the general term of the city court affirming an interlocutory judgment made at special term overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtBisghoff, J.
The action was to recover damages' for defendant’s alleged breach of contract. A demurrer was interposed to the complaint on the ground that it did not allege facts sufficient to constitute a cause of action. Upon argument the demurrer was overruled at special term, and upon the order there made judgment was entered whereby it was “adjudged and decreed that the said demurrer is overruled, with costs, with leave to the defendant, upon payment of said costs, to serve an answer within five days after service of a copy hereof and notice of entry; and, in case the defendant does not, within five…
2Cases cited6 opinions
- Wilmore v. . FlackNew York Court of Appeals · 1884
- Adams v. . FoxNew York Court of Appeals · 1863
- Elwell v. . JohnsonNew York Court of Appeals · 1878
- Whitfield v. Broadway & Seventh Avenue RailroadNew York Court of Common Pleas · 1890
- Hunt v. . ChapmanNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Knickerbocker Co. v. RoskopfNew York Court of Common Pleas · 1892
- Caponigri v. AltieriNew York Court of Common Pleas · 1895