Legal Opinion

Smith v. New York Cooperage Co.

City of New York Municipal Court

Decided May 15, 1901Published

Appeal from an interlocutory judgment entered herein on March 26, 1901, sustaining the plaintiff’s demurrer to the defenses contained in paragraphs V and VI of the defendant’s answer, and overruling the defendant’s demurrer to the defense contained in the second paragraph of the plaintiff’s reply to the counterclaim contained in the ninth paragraph of said answer.

1Per curiam

The construction of the pleadings hy the justice at Special Term, upon the argument of the demurrers herein, was clearly right, and the interlocutory judgment should, therefore, be affirmed, with costs, on his opinion.

Present: Fitzsimons, Ch. J., Delehanty and Schuchman, JJ.

Judgment affirmed, with costs.

The following is the opinion at Special Term:

O’Dwyer, J.

Demurrer hy the plaintiff to the first and second separate defenses set forth in defendant’s answer, upon the ground that they are insufficient in law upon the face thereof, and demurrer hy the defendant to the separate defense set forth…

2Cases cited5 opinions

  1. Perry v. . DickersonNew York Court of Appeals · 1881
  2. Brown v. PowersAppellate Division of the Supreme Court of the State of New York · 1900
  3. Hicks-Alixanian v. WaltonAppellate Division of the Supreme Court of the State of New York · 1897
  4. Jefferson County National Bank v. TownleyNew York Court of Appeals · 1899
  5. Lindheim v. SittNew York Supreme Court · 1900

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