Wenk v. City of New York
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the plaintiff, Theodore Wenk, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 20th'day of December, 1901, rendered after a trial at Special Term, in so far as said judgment overrules the demurrer of the plaintiff to the first, second and fourth defenses set up in the answer of the Co-operative Society of New Jersey, and the first, second and fourth defenses in the answer of…
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Reargument of an appeal by the plaintiff, Theodore Wenk, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Queens on the 20th'day of December, 1901, rendered after a trial at Special Term, in so far as said judgment overrules the demurrer of the plaintiff to the first, second and fourth defenses set up in the answer of the Co-operative Society of New Jersey, and the first, second and fourth defenses in the answer of Alonzo E. Smith. The action was brought by a taxpayer of the borough of Brooklyn to annul certain leases of common and marsh…
1Opinion of the Court
Willard Bartlett, J.:
The interlocutory judgment in this action sustained a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, and overruled the demurrers to the answers of the present respondents upon the doctrine of Baxter v. *586McDonnell (154 N. Y. 432) that “ a had answer is good enough for a bad complaint.” Upon an appeal to the Court of Appeals the complaint was held to be good. ( Wenk v. City of New York,. 171 N. Y. 607.) In consequence of this decision a reargument of the case has been ordered by this court to the end that the…
2Cases cited4 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Wenk v. . City of New YorkNew York Court of Appeals · 1902
- Parfitt v. . FurgusonNew York Court of Appeals · 1899
- White v. DrakeNew York Supreme Court · 1877
3Cited by6 opinions
- Continental Securities Co. v. Interborough Rapid Transit Co.New York Supreme Court · 1922
- In re the Estate of MatyaszNew York Surrogate's Court · 1934
- Willey v. Cameron, Michel & Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Keon v. Saxton & Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Black v. StrangAppellate Division of the Supreme Court of the State of New York · 1915
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