Wise v. . Tube Bending Machine Co.
New York Court of Appeals
Appeal from a final judgment, entered September 6,1907, upon orders of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed interlocutory judgments of .Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Supreme Court of this state has jurisdiction of the subject-matter of the action as set out in the complaint.
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Appeal from a final judgment, entered September 6,1907, upon orders of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed interlocutory judgments of .Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The Supreme Court of this state has jurisdiction of the subject-matter of the action as set out in the complaint. The action is wholly founded on contract and the wrongful violation of the same. (Hodge v. Sloan, 107 N. Y. 244; Lewis v. Gollner, 129 N. Y. 227; N. Y.…
1Opinion of the CourtWerner, J.
The complaint herein, which has thus far been successfully challenged by the demurrers of four separate defendants, is obviously not the work of a novice, for it requires experience and skill of a very high order to frame a pleading which so ingeniously interweaves a variety of disconnected and inconsistent causes of action that it is exceedingly difficult to subject either of them to the test of separate analysis. In view of the length and complexity of the complaint we shall not attempt a chronological or detailed statement of its contents, and we shall but briefly refer to such of its…
2Cases cited14 opinions
- Birdsell v. ShaliolSupreme Court of the United States · 1884
- Dudley v. . MayhewNew York Court of Appeals · 1849
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.New York Court of Appeals · 1905
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nNew York Court of Appeals · 1903
- White v. RankinSupreme Court of the United States · 1892
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3Cited by15 opinions
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Underhill v. . SchenckNew York Court of Appeals · 1924
- Coleman v. . WhisnantSupreme Court of North Carolina · 1945
- Coleman v. WhisnantSupreme Court of North Carolina · 1945
- Clayton v. FarishNew York Supreme Court · 1947
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