Keyes & Marshall Bros. Realty Co. v. Trustees of Canton Christian College
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 6, 1911, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer in an action upon a covenant of warranty. The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action ? ”
1Opinion of the Court
Order affirmed, with costs, on the opinion of Clarke, J., at the Appellate Division, and the question certified is answered in the negative, upon the assumption that it refers to a cause of action maintainable in the courts of this state; no opinion.
Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscook and Collin, JJ.
2Cited by6 opinions
- Roessle v. RoessleAppellate Division of the Supreme Court of the State of New York · 1914
- Rollton Syndicate, Inc. v. WidlitzAppellate Division of the Supreme Court of the State of New York · 1927
- Broaddus v. Vanadium Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1963
- Morris v. HayAppellate Division of the Supreme Court of the State of New York · 1916
- Lawyers Title & Trust Co. v. HewlettAppellate Division of the Supreme Court of the State of New York · 1921
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