Daub Storage Warehouse & Van Co. v. Fitzhenry
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an interlocutory judgment of the Municipal Court of the city of New York, borough of' Manhattan, second district.
1DissentBrady, J.
(dissenting.) TJpon the return day of the summons herein the parties appeared and plaintiff complained orally, a-s follows, viz.: “ Work, labor and services.” The defendant demurred and the demurrer was sustained. Plaintiff was allowed to amend and then pleaded as follows: “ Work, labor and services rendered -at the defendant’s request for an agreed price of $250.” The complaint as amended appears in the shape of a written memorandum attached to the summons in the action. The defendant again demurred upon the ground that such -amended complaint did not state facts sufficient to constitute a…
2Cases cited1 opinion
- Samelson v. MayerAppellate Division of the Supreme Court of the State of New York · 1910