Fogarty v. Wanamaker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Wanamaker, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 12th day of October, 1900, upon the decision of the court rendered after a trial at the Kings County Special Term overruling a demurrer to the complaint.
1Opinion of the Court
Woodward, J.:
This action is brought to recover- damages for alleged false imprisonment, and the demurrer is interposed upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The issue of law was determined at Special Term adversely to the defendant and is brought to this court on appeal.
The rule is well settled that a demurrer, upon the ground that the complaint does not state facts sufficient to constitute a cause of action, cannot be sustained unless it appears, admitting all of the facts alleged, that no cause of action whatever is stated. The…
2Cases cited8 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Kain v. . LarkinNew York Court of Appeals · 1894
- Mali v. . LordNew York Court of Appeals · 1868
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
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3Cited by7 opinions
- Collins v. . ButlerNew York Court of Appeals · 1904
- L. S. Ayres & Co. v. HarmonIndiana Court of Appeals · 1914
- Collins v. ButlerAppellate Division of the Supreme Court of the State of New York · 1903
- Kennedy v. WhiteAppellate Division of the Supreme Court of the State of New York · 1904
- Cullen v. ThomasAppellate Division of the Supreme Court of the State of New York · 1912
2 more not listed; retrieve them via the Exa API.