Union Ferry Co. v. Fairchild
Appellate Division of the Supreme Court of the State of New York
Cross-appeals from an interlocutory judgment 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 3d day of March, 1919, sustaining demurrers to four separate defenses and overruling demurrers to two counterclaims contained in the answer. The opinion of the Special Term is reported in Union Ferry Co. v. Fairchild (106 Mise.
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Cross-appeals from an interlocutory judgment 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 3d day of March, 1919, sustaining demurrers to four separate defenses and overruling demurrers to two counterclaims contained in the answer. The opinion of the Special Term is reported in Union Ferry Co. v. Fairchild (106 Mise. Rep. 324). This opinion, written by the late Mr. Justice Philbin, and his. last judicial work, is adopted unanimously by the court and handed down as its opinion in the decision of this case.
1Opinion of the Court
Philbin, J.:
The demurrer of the plaintiff to the answer required an examination of the complaint to determine whether the allegations therein are sufficient to constitute a cause of action, (Baxter v. McDonnell, 154 N. Y. 432.)
The defendants are the permanent receivers of the Atlantic Dock Company, hereinafter referred to as the defendant. The facts set forth in the complaint are as follows: The plaintiff and its predecessor in title and grantor operated for several years prior to the year 1881 and the plaintiff does now operate a ferry across the East river from the foot of Hamilton avenue…
2Cases cited16 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
- Baxter v. . McDonnellNew York Court of Appeals · 1897
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3Cited by7 opinions
- New Amsterdam Casualty Co. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- Fairchild v. Union Ferry Co.New York Supreme Court · 1923
- In re the Estate of GoldburgNew York Surrogate's Court · 1933
- New York Dock Co. v. Flinn-O'Rourke Co.New York Supreme Court · 1923
- Pierce v. BristolNew York Supreme Court · 1927
2 more not listed; retrieve them via the Exa API.