Hirsch v. . New England Navigation Co.
New York Court of Appeals
Appeal from a final judgment, entered February 1, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division was restricted in its consideration on appeal to the question of law passed upon by the Special Term.
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Appeal from a final judgment, entered February 1, 1909, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division was restricted in its consideration on appeal to the question of law passed upon by the Special Term. (Matter of Fitzsimmons, 174 N. Y. 15; Matter of Chapman, 162 N. Y. 456.) Causes of action are not improperly united and there is but a…
1Opinion of the CourtChase, J.
The defendants Ferguson demurred to the plaintiffs’ complaint upon the grounds, first, that the complaint does not state facts sufficient to constitute a cause of action as against them; second, that it appeai-s upon the face of the complaint that causes of action have been improperly united therein.
The demurrer was sustained at the Special Term upon the ground that the complaint does not state facts sufficient to constitute a cause of action as against the defendants Ferguson. An appeal was taken from the interlocutory judgment entered thereupon to the Appellate Division, where it was…
2Cases cited5 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Altman v. . HofellerNew York Court of Appeals · 1897
- Moffet v. . SackettNew York Court of Appeals · 1859
- Matter of ChapmanNew York Court of Appeals · 1900
- Duclos v. . KelleyNew York Court of Appeals · 1909
3Cited by4 opinions
- Litkind v. WardAppellate Division of the Supreme Court of the State of New York · 1939
- Hartley v. . Eagle Insurance Co.New York Court of Appeals · 1918
- Warren v. FitzgeraldCourt of Appeals of Maryland · 1948
- Wood v. PaceAppellate Division of the Supreme Court of the State of New York · 1927