Brock v. Poor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Brock, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of December, 1914, sustaining a demurrer of the defendant Anthony & Scovill Company to the amended complaint.
1Opinion of the Court
Laughlin, J.:
The material facts are set forth in the opinion on the appeals from the orders sustaining the demurrers of the defendants Poor and Bennett (167 App. Div. 784), which is to he handed down herewith.
The respondent company demurred on the ground that the plaintiff has not legal capacity to sue, and that the amended complaint fails to state facts sufficient to constitute a cause of action. The first ground of the demurrer is sufficiently considered in the opinion in the other case. The company was a proper if not a necessary party, and that is sufficient to warrant its being joined as…
2Cases cited2 opinions
- Mawhinney v. BlissAppellate Division of the Supreme Court of the State of New York · 1908
- Brock v. PoorAppellate Division of the Supreme Court of the State of New York · 1915