Ellsworth v. Franklin County Agricultural Society
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, St. Lawrence County. Action by Chandler Ellsworth against the Franklin County Agricultural Society. From an interlocutory judgment overruling defendant’s demurrer to the amended complaint, and from a judgment directing-the entry of such interlocutory judgment, defendant appeals. Affirmed on memorandum of trial court, with leave to plead on payment of the costs of demurrer and of the appeal.
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Appeal from Special Term, St. Lawrence County. Action by Chandler Ellsworth against the Franklin County Agricultural Society. From an interlocutory judgment overruling defendant’s demurrer to the amended complaint, and from a judgment directing-the entry of such interlocutory judgment, defendant appeals. Affirmed on memorandum of trial court, with leave to plead on payment of the costs of demurrer and of the appeal. The following is the opinion of the court below (Kellogg, J.): The demurrer admits every allegation of fact contained in the complaint or fairly inferable from the facts alleged,…
1Per curiam
Interlocutory judgment affirmed, with costs, upon memorandum of court below, with usual leave to plead upon payment of costs of demurrer and this appeal.
2Cited by2 opinions
- O'Connor v. Virginia Passenger & Power Co.New York Supreme Court · 1905
- Motley v. Mercantile Trust Co.New York Supreme Court · 1906