Jacobus v. Colgate
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William H. Colgate, 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 5 th day of June, 1914, overruling his demurrer to the complaint, and also from an order entered in said clerk’s office on the 3d day of June, 1914, granting the plaintiff’s motion for judgment on the pleadings after the demurrer to the complaint had been made.
1Opinion of the Court
Rich, J.:
This appeal is from an interlocutory judgment overruling the demurrer to the complaint in an action to recover damages alleged to have been sustained by the assignors of plaintiff in the destruction of their property by the wanton act of the defendant in setting fire to the same; and from the order on which the judgment was entered. It is contended that the court has no jurisdiction of the subject-matter of the action because it is claimed that the property injured was real property in the State of Kansas, and that the complaint does not state facts sufficient to constitute a cause…
2Cases cited13 opinions
- Sturges v. CarterSupreme Court of the United States · 1885
- Livingston v. JeffersonU.S. Circuit Court for the District of Virginia · 1811
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Laird v. . CartonNew York Court of Appeals · 1909
- Sentenis v. . LadewNew York Court of Appeals · 1893
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3Cited by2 opinions
- People v. BabbushNew York Supreme Court · 1991
- Jacobus v. ColgateAppellate Division of the Supreme Court of the State of New York · 1915