Breen v. Gill
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, IVIauiice J. Breen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 10th day cf January, 1905, upon the dismissal of the complaint upon the pleadings ai, the Kings County Trial Term.
1Dissent
Jenks, J. (dissenting):
I dissent. I think that the dismissal should be affirmed. Before a jury was impaneled the court under exception granted the defendant’s motion to dismiss the plaintiff upon his pleading because it did not state a cause of action. I shall first consider the case on the theory whether the pleading states a cause of action under the rules applied to a demurrer upon like ground. (Ketchum v. Van Dusen, 11 App. Div. 332; Spies v. Michelsen, 2 id. 226.) Under the pleading we.may determine by consideration of its allegations and by fair intendment therefrom that the plaintiff…
2Cases cited10 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Devlin v. . SmithNew York Court of Appeals · 1882
- Beck v. . CarterNew York Court of Appeals · 1877
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
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