Bernhan Chemical & Metal Corp. v. Ship-A-Hoy, Ltd.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ship-A-Hoy, Ltd., Inc., from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of September, 1921, as sustains plaintiff’s demurrer to the defenses in the 4th, 5th and 6th paragraphs of the amended answer, and to the counterclaim set forth in the 7th paragraph of the amended answer.
Read the full summary
Appeal by the defendant, Ship-A-Hoy, Ltd., Inc., from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of September, 1921, as sustains plaintiff’s demurrer to the defenses in the 4th, 5th and 6th paragraphs of the amended answer, and to the counterclaim set forth in the 7th paragraph of the amended answer. Appeal by the plaintiff, Bernhan Chemical and Metal Corporation, from so much of said order as overrules plaintiff’s demurrer to the counterclaim in the 1st paragraph of the amended…
1Opinion of the Court
Merrell, J.:
The parties have served cross notices of appeal from an order of the Supreme Court, sustaining in part and overruling in part plaintiff’s demurrer to certain defenses and counterclaims contained in the second amended answer of the defendant. From the part of the order sustaining plaintiff’s demurrer the defendant has appealed, and from the part of the order overruling said demurrer the plaintiff appeals.
In its complaint the plaintiff attempts to set forth causes of action arising out of three business transactions between the parties. The plaintiff alleges that on or about June…
2Cases cited9 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sommer v. E. B. Kelly Co.City of New York Municipal Court · 1944
- Fry v. Williams, New York County Courts1931
- In re the Estate of FeeNew York Surrogate's Court · 1934
- Sarachan & Rosenthal, Inc. v. Wilson & Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Bodenstein v. SingerNew York Supreme Court · 1925