Fogarty v. Wanamaker
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action by Mary Fogarty against John Wanamaker. From an interlocutory judgment overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtWoodward, J.
This action is brought to recover damages for alleged false imprisonment; and the demurrer is interposed upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The issue of law was determined at special term adversely to the defendant, and is brought to this- court on appeal.
The rule is well settled that a demurrer upon the ground that the complaint does not state facts sufficient to constitute a cause of action cannot be sustained unless it appears, admitting all of the facts alleged, that no cause of action whatever is stated. The demurrer cannot…
2Cases cited9 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Kain v. . LarkinNew York Court of Appeals · 1894
- Palmeri v. Manhattan Railway Co.New York Court of Appeals · 1892
- Mali v. . LordNew York Court of Appeals · 1868
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
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3Cited by2 opinions
- L. S. Ayres & Co. v. HarmonIndiana Court of Appeals · 1914
- Greene v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905