Trotter v. . Lisman
New York Court of Appeals
Appeal, in the first above-entitled action, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1913, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint, and overruled such demurrer.
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Appeal, in the first above-entitled action, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1913, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint, and overruled such demurrer. Appeal, in the second above-entitled proceeding, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 3, 1913, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The plaintiff brings this action to recover…
1Opinion of the CourtGray, J.
I think that the demurrers to the complaint have been properly overruled and that the pleading sets forth a cause of action, of which the Supreme Court has j urisdiction. In a previous action, brought by this plaintiff against Lisman and others, the demurrers were sustained and the complaint was dismissed. (Trotter v. Lisman, 199 N. Y. 497, 501.) We held that the complaint was defective; inasmuch as it did not appear that the plaintiff had recovered any judgment against the debtor railway company in any court of this state and no facts were stated, from which it would appear that such an…
2Cases cited4 opinions
- Bartlett v. . DrewNew York Court of Appeals · 1874
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Ernst v. Rutherford & Boiling Springs Gas Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Trotter v. . LismanNew York Court of Appeals · 1910
3Cited by18 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Credit Agricole Indosuez v. Rossiyskiy Kredit BankNew York Court of Appeals · 2000
- Holmes v. . CampNew York Court of Appeals · 1916
- Cross v. BeguelinNew York Court of Appeals · 1929
- Kittredge v. LangleyNew York Court of Appeals · 1930
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