Sommer v. Ehrgott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob J. F. Ehrgott, from an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 7th day of June, 1920, denying the defendant’s motion for judgment on the pleadings, consisting of an amended complaint and demurrer thereto, and overruling his demurrer with leave to answer.
1Opinion of the Court
Jenks, P. J.:
The appellant’s contention that there is a misjoinder of a cause for breach of contract and a cause for fraudulent inducements to the contract, is put upon the authority of Edison Electric Illuminating Co. v. Kalbfleisch Co. (117 App. Div. 842) and like cases. It cannot prevail now, in view of France & C. S. S. Corp. v. Berwind-White C. M. Co. (229 N. Y. 89), which expressly disapproves of the Edison Case (supra) and like cases, and expressly approves of Taft v. Bronson (180 App. Div. 154) as in harmony with the decisions of the Court of Appeals. Taft v. Bronson (supra) was cited…
2Cases cited9 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- Piggot v. MasonNew York Court of Chancery · 1829
- France & Canada Steamship Corp. v. Berwind-White Coal Mining Co.New York Court of Appeals · 1920
- Fruhauf v. . BendheimNew York Court of Appeals · 1891
- Haines v. . HollisterNew York Court of Appeals · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Segal v. KulchAppellate Division of the Supreme Court of the State of New York · 1961
- Kittredge v. GrannisAppellate Division of the Supreme Court of the State of New York · 1926
- Burr v. HaysCity of New York Municipal Court · 1930