Fisher Textile Co. v. Perkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward N. Perkins and another, from an interlocutory judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county-of Oneida on the 9th day of March, 1904, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the defendants’ demurrer to the plaintiff’s complaint.
1DissentMcLennan, P. J.
It seems to me that the demurrer to the complaint upon the ground that it appears upon its face that there is a defect of parties plaintiff, and that it does not state facts sufficient to constitute a *22cause of action, was. properly overruled, and that tlie interlocutory judgment appéaléd from should be affirmed. ' .
In the complaint it is alleged in substance :■
I. That the plaintiff is a domestic corporation engaged in the manufacture and sale of knit underwear, having its principal office in the city of Utica.
II. That the defendants are copartners engaged in the commission business, having…
2Cases cited2 opinions
- Emmeluth v. . H.B. AssociationNew York Court of Appeals · 1890
- Spencer v. Wabash RailroadAppellate Division of the Supreme Court of the State of New York · 1899