American Cutlery Co. v. Alexander
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment and order of the Municipal Court of the city of Hew York, borough of Manhattan, seventh district, overruling defendant’s demurrer to the complaint.
1DissentGerard, J.
The defendant demurred to the complaint on the ground that it did not state facts suffi*382cient to constitute a cause of action and on the ground that the Municipal Court did not have jurisdiction of the subject-matter of the action. The demurrer was overruled, with leave to defendant to withdraw the demurrer and answer on payment of ten dollars costs, but defendant stood' on the demurrer and now appeals from the judgment rendered in favor of plaintiff which was thereupon given.
The complaint is based on a judgment of a Justice’s Court in Hew Jersey and is drawn on the theory that in pleading a…
2Cases cited3 opinions
- McLaughlin v. NicholsNew York Supreme Court · 1861
- Halstead v. BlackNew York Supreme Court · 1864
- De Nobele v. LeeThe Superior Court of New York City · 1881