Greenwood v. Brink
New York Supreme Court
Appeal from a judgment in favor of plaintiffs. The action was brought by Alfred Greenwood and Harry Aldridge against Mary A. Brink, to recover for goods sold and delivered to defendant by the firm of Alfred Greenwood & Co. The answer alleged that the designation “ & Co.” did not represent a partner, and that plaintiff Greenwood had violated Laws of 1833, chapter 281. The opinion states the remaining facts.
1Opinion of the CourtDavis, P. J.
The demurrer to the answer having been overruled by the court, and leave given to reply on payment of costs of the demurrer, and the plaintiffs having served a reply and paid the costs, the demurrer must be regarded as abandoned, although not formally withdrawn. Brown v. Saratoga R. R. Co., l8 N. Y. 495; Cutler v. Wright, 22 id. 472, per Selden, J., 483. A reply, having been expressly permitted by the order of the court, was proper, and formed part of the record. Code of Procedure, § 153. The order, on the overruling of the demurrer, was obtained on defendant’s motion, and the provision…
2Cases cited7 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Parker v. CanfieldSupreme Court of Connecticut · 1870
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