Kahn v. Richard L. Walsch Co.
Appellate Terms of the Supreme Court of New York
This is an appeal by the defendant from an interlocutory judgment of the City Court of the city of Hew York, sustaining a demurrer to the defendant’s supplemental answer, on the ground that such answer was insufficient in law on the face thereof.
1Opinion of the CourtGerard, J.
Plaintiff sues as assignee of an alleged claim of Coleman and Krause against the defendant. The complaint alleges that Coleman and Krause entered into a contract with defendant, agreeing to perform certain work and furnish certain materials; that defendant broke said contract and ¡Coleman and Krause suffered damages; that they assigned their claim to plaintiff.
This action was commenced by the service of a summons and complaint in August, 1909. The supplemental answer sets up that a judgment was entered March 28, 1910, in an action commenced in September, 1909, in which defendant was plaintiff…
2Cases cited2 opinions
- Masten v. . OlcottNew York Court of Appeals · 1886
- Mitchell v. EinsteinAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Behrens v. SkellyCourt of Appeals for the Third Circuit · 1949
- Hull v. RolfsrudNorth Dakota Supreme Court · 1954
- In re the Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1939
- Behrens v. SkellyDistrict Court, W.D. Pennsylvania · 1948