Alden Speare's Sons Co. v. Casein Co. of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Casein Company of America, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Yew York on the 20th day of May, 1907, upon the decision of the court, rendered after a trial at the Yew York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Ingraham, J.:
The original complaint in this action was demurred to, which demurrer was sustained (53 Misc. Rep. 58). It was there alleged in relation to the contract that “ all the conditions above mentioned were fulfilled or were waived by the defendant,” and it was held by the Special Term that facts showing performance or a waiver must he alleged without qualification, and the demurrer was sustained, whereupon the plaintiff served an amended complaint by inserting in lieu of that allegation the 6th and 7th clauses of this amended complaint. The defendant again demurred, which demurrer has"…
2Cases cited2 opinions
- Bank of Montreal v. . RecknagelNew York Court of Appeals · 1888
- Alden Speare's Sons' Co. v. Casein Co. of AmericaNew York Supreme Court · 1907
3Cited by5 opinions
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Manning v. MichaelsAppellate Division of the Supreme Court of the State of New York · 1989
- Dour v. Village of Port JeffersonNew York Supreme Court · 1976
- Alden Speares Sons Co. v. Casein Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1910
- Opn. No., New York Attorney General Reports1980