Gabay v. Doane
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Edwin Doane and others, as executors, etc., of John W. Doane, deceased, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30 th day of June, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to the second defense contained in the answer.
1Opinion of the Court
Patterson, J.:
This action was brought to recover damages alleged to have been sustained by the plaintiff in a transaction had between him and the defendants’ testator, John W. Doane. The appeal is from an interlocutory judgment sustaining a demurrer to certain matter set up in the amended answer of the defendants, which is stated to be a partial defense to the cause of action set forth in the complaint, and which is substantially a recital of facts tending to reduce the damages claimed by the plaintiff. It is stated in the complaint that in March, 1900, the plaintiff sold to John W. Doane…
2Cases cited3 opinions
- Wisner v. . OcumpaughNew York Court of Appeals · 1877
- U. S. Life Insurance v. GageNew York Supreme Court · 1890
- Gabay v. DoaneAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Mercantile Factors Corp. v. Warner Bros. Pictures, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- Schwartz v. RibaudoAppellate Terms of the Supreme Court of New York · 1906
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Sanders v. RolnickAppellate Terms of the Supreme Court of New York · 1947
- Straus v. American Publishers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1905