Kugelman v. Hirschman
City of New York Municipal Court
Appeal from an order made at ‘Special Term adjudging the demurrers interposed by the defendants to be frivolous, and directing judgment for the plaintiff thereon.
1Opinion of the CourtO’Dwyer, J.
The action is brought to recover from the defendants, as directors of the Ladies. Deborah ¡Nursery & Child’s Protectory, for goods sold and delivered, ,and for work, labor and services rendered to said corporation by the plaintiff.
The defendants demurred to the complaint on the ground that there is a defect of parties defendant, and that the complaint does not state facts sufficient to constitute a cause of action. The defect of parties defendant, if defect there be, as stated in the 'demurrer, does not appear on the "face of the complaint, and, therefore, cannot be taken advantage of by…
Also in this document: Concurrence.
2Cases cited3 opinions
- Strong v. SproulNew York Court of Common Pleas · 1872
- State Bank of Rock Valley v. AndrewsCity of New York Municipal Court · 1892
- Wilson Manufacturing Co. v. SchwindThe Superior Court of the City of New York and Buffalo · 1893