Crown Embroidery Works v. Gordon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harry Gordon and another, from 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 5th day of August, 1919, sustaining the plaintiff's demurrer to the second separate and distinct defense contained in the defendants’ amended answer.
1Opinion of the Court
Laughlin, J.:
The hearing on the demurrer was brought on by a motion by plaintiff. Certain affidavits, evidently used on a motion for an attachment, are incorporated in the record and it is recited in the order that they were considered on the motion. That manifestly was improper and they must be disregarded.
■ The plaintiff alleges that it was engaged in manufacturing dresses in the borough of Manhattan, New York; that defendants were engaged in manufacturing knitted dress cloth at East Boston, Mass.; that on the 21st of May, 1918, plaintiff placed an order with defendants for 10,000 yards of…
2Cases cited5 opinions
- Jones v. . JuddNew York Court of Appeals · 1850
- Richards & Co. v. WreschnerAppellate Division of the Supreme Court of the State of New York · 1916
- Mawhinney v. Millbrook Woolen Mills, Inc.New York Supreme Court · 1918
- J.H. Labaree Company v. . CrossmanNew York Court of Appeals · 1906
- Mawhinney v. Millbrook Woolen Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by11 opinions
- A&S Transportation Co. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1989
- Doherty v. Monroe Eckstein Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Powers v. SiatsSupreme Court of Minnesota · 1955
- Perlman v. M. Israel & Sons Co.New York Court of Appeals · 1954
- Republic Foreign Products Co. v. Southwark Foundry & Machine Co.Supreme Court of Pennsylvania · 1921
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