Ansorge v. Kane
New York Court of Appeals
1Opinion of the CourtPound, J.
At the threshold we are met with the assertion of the respondent that we may not consider the merits of this appeal because they are involved in a decision of the courts below denying defendant’s motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action, and that the order entered thereon is not mentioned in the notice of appeal as being brought up for review. Suffice it to quote from McCargo v. Jergens (206 N. Y. 363, 370), where Chase, J., says for the court:
“ The fact that a defendant demurs to a complaint upon the…
2Cases cited8 opinions
- St. Regis Paper Co. v. Hubbs & Hastings Paper Co.New York Court of Appeals · 1923
- Wright v. . WeeksNew York Court of Appeals · 1862
- Roberge v. WinneNew York Court of Appeals · 1895
- McCargo v. . JergensNew York Court of Appeals · 1912
- Astra v. Sugar Products Co.Appellate Division of the Supreme Court of the State of New York · 1917
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3Cited by91 opinions
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Willmott v. GiarraputoNew York Court of Appeals · 1959
- Air Technology Corp. v. General Electric Co.Massachusetts Supreme Judicial Court · 1964
- N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
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