Carpenter v. Pirner
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of ¡New York, first district, borough of The Bronx, rendered in favor of the defendant.
1Opinion of the CourtGildersleeve, J.
In this case the defendant interposed a demurrer to the complaint which was sustained, and leave *486was given to the plaintiff to serve an amended complaint, which was done. The defendant thereupon filed an answer and the case was set down for trial. Upon the day set for trial and before any testimony was talcen, defendant moved to dismiss the. amended complaint upon the ground that it did not contain facts sufficient to constitute a cause of action. Decision on this motion was reserved until May 15, 1906, at which time the justice indorsed upon the record the words “ Demurrer sustained. Action…
2Cases cited2 opinions
- Rogers v. FineAppellate Terms of the Supreme Court of New York · 1906
- Morris v. HunkenAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Mestrum v. CranidesAppellate Terms of the Supreme Court of New York · 1915
- Salmon v. D. A. Schulte, Inc.City of New York Municipal Court · 1934