Bouton v. . Van Buren
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 December 30, 1919, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 30, 1919, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action against the defendants Van Burén and Day? ” The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action in the plaintiff as a…
1Opinion of the CourtMcLaughlin, J.
This appeal is by permission from an order of the Appellate Division, third department, affirming (two of the justices dissenting) an interlocu tory judgment- overruling a demurrer to the complaint. The demurrer was upon the ground that the complaint did not state facts sufficient to constitute a cause of action.
The complaint alleges, in substance, that on or about the 1st of March, 1913, one John D. Kline “as agent, partner or correspondent ” of the appellants Van Burén and Day, took charge of a stock and grain brokerage office at Kingston, N. Y.; that between the date named and June 1,1917,…
2Cases cited6 opinions
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Guffanti v. . National Surety Co.New York Court of Appeals · 1909
- Dykman v. . KeeneyNew York Court of Appeals · 1897
- Marsh v. . KayeNew York Court of Appeals · 1901
- Empire State Savings Bank of Buffalo v. . BeardNew York Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
- Brenner v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
- Lichtyger v. Franchard Corp.New York Court of Appeals · 1966
- Spear v. H. V. Greene Co.Massachusetts Supreme Judicial Court · 1923
- Schaffner v. Chemical BankDistrict Court, S.D. New York · 1972
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