Avon Springs Sanitarium Co. v. Weed
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William. J. Weed, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the cleric of the county of Livingston on the 29th day of January, 1907, upon the. decision of the.court, rendered after a trial at the Monroe Special Term, overruling the defendant’s demurrer to the complaint.
1DissentMcLennan, P. J.
- The question presented -by this appeal is a simple one, and,, as it seems- to me, has been decided -adversely, to respondent by the'courts of this State, and that it is only necessary to- appreciate the precise.. ■ facts in order to reach ,a conclusion in harmony with- such decisions.
If a cause of action exists in plaintiff's favor-against the. defendant, it must result because of the alleged contract set out in full in the complaint and in the prevailing opinion,-and which need not be repeated-here. Its provisions, so far as material, áre': “ I - (the defendant)' hereby subscribe for 10…
2Cases cited6 opinions
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Buffalo and N.Y. City R.R. Co. v. . DudleyNew York Court of Appeals · 1856
- Buffalo Jamestown Railroad Co. v. . GiffordNew York Court of Appeals · 1882
- Lake Ontario Shore R.R. Co. v. . CurtissNew York Court of Appeals · 1880
- Woods Motor Vehicle Co. v. . BradyNew York Court of Appeals · 1905
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