Underhill v. Jordan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward C. Underhill, from a final judgment of the Supreme Court in favor of the defendants, entered in the office-of the clerk of the county of New York on the 24th 'day of February, 1902, upon an interlocutory judgment entered in said clerk’s office on the 29th day of January, 1902, upon the decision of the court rendered after-a trial at the New York Special Term sustaining a demurrer to the complaint, with notice of an intention to bring up for…
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Appeal by the plaintiff, Edward C. Underhill, from a final judgment of the Supreme Court in favor of the defendants, entered in the office-of the clerk of the county of New York on the 24th 'day of February, 1902, upon an interlocutory judgment entered in said clerk’s office on the 29th day of January, 1902, upon the decision of the court rendered after-a trial at the New York Special Term sustaining a demurrer to the complaint, with notice of an intention to bring up for review upon such appeal the said interlocutory judgment. The complaint in this action avers that the plaintiff, from about…
1Opinion of the Court
Hatch, J.:
The learned trial court, in making disposition of the issue of law raised by the demurrer, seems to have based its conclusion upon the ground that the complaint did not plead an equitable cause of action, for the reason that the plaintiff had no lien upon the fund in his hands and also because he had an adequate remedy at law, and, further, that the complaint could not be sustained as an action at law to recover for services rendered without disregarding the substantial averments of the complaint and the prayer for relief. It is not necessary in support of the conclusion at which we…
2Cases cited3 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Muller v. . PondirNew York Court of Appeals · 1873
3Cited by6 opinions
- Jordan v. UnderhillAppellate Division of the Supreme Court of the State of New York · 1904
- Slayback v. RaymondAppellate Division of the Supreme Court of the State of New York · 1904
- Baker v. CooperAppellate Division of the Supreme Court of the State of New York · 1922
- Mersereau v. BennetAppellate Division of the Supreme Court of the State of New York · 1908
- Art Education Press, Inc. v. SmithAppellate Division of the Supreme Court of the State of New York · 1937
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