Booz v. Cleveland School Furniture Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Cleveland School Furniture Company, from that part of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of June, 1899, upon the decision of the court rendered after a trial at the New York Special Term, which overruled the defendant’s demurrer .to the second cause of action set up in the complaint.
1Opinion of the Court
Ingraham, J.:
The complaint alleges two causes of action, to which the defendant interposed a demurrer, upon the ground that neither states facts sufficient to constitute a cause of action. The court sustained the demurrer as to the first cause of action and overruled it as to the *594second. Tlie defendant appeals from the judgment, so far as it overrules the demurrer.
The second canse of action must be considered by itself without reference to any of the allegations contained in the first cause of action. The second cause of action alleges that on November 2,. 1896, the plaintiff entered into a…
2Cases cited1 opinion
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
3Cited by4 opinions
- Crossways Apartments Corp. v. AmanteAppellate Division of the Supreme Court of the State of New York · 1925
- Groton Bridge & Mfg. Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1907
- Ivy Courts Realty Co. v. MortonAppellate Division of the Supreme Court of the State of New York · 1902
- Baby Show Exhibition Co. v. Crowell Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1916