Erie Railroad v. Hilton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Erie Railroad Company, from an order of the Supreme Court, made at the Dutchess County Special Term and entered in the office of the clerk of the county of Orange on the 14th day of -October, 1915, requiring it to serve an amended complaint separately stating and numbering its causes of action.
1Opinion of the Court
JENKS, P. J.:
The action is to recover $266 demurrage charges on thirty-six cars at different times carried by the plaintiff and delivered to the defendant. The charges rest upon the regular tariff of plaintiff on file with the Interstate Commerce Commission, and these charges the plaintiff must by law collect from the defendant. It appears that the plaintiff on its books carried charges as a running account against the defendants, although one of the defendants denies that there was a running account. The defendants moved the Special Term to order an amended complaint, separately stating and…
2Cases cited5 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Pope v. KellyAppellate Division of the Supreme Court of the State of New York · 1898
- Langdon v. New York, Lake Erie & Western Railway Co.New York Supreme Court · 1891
- Randall v. GartnerMichigan Supreme Court · 1893
- Weed v. First National BankAppellate Division of the Supreme Court of the State of New York · 1905