Legal Opinion

Welsbach Company v. . Norwich Gas and Electric Company

New York Court of Appeals

Decided January 24, 1905PublishedCited by 29 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered J uly 6, 1904, upon an order which reversed an order of Special Term overruling a demurrer to the complaint and an interlocutory judgment entered thereon in favor of plaintiff, and sustained such demurrer.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered J uly 6, 1904, upon an order which reversed an order of Special Term overruling a demurrer to the complaint and an interlocutory judgment entered thereon in favor of plaintiff, and sustained such demurrer. The following questions were certified : “I. Was the complaint demurrable upon the ground that it appears upon the face thereof that the plaintiff did not have legal capacity to sue ? “II. Was the complaint demurrable on the ground uthat facts are not therein…

1Opinion of the Court

Judgment affirmed, with costs ; both questions certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., G-ray, O’Brien, Bartlett, Haight, Yann and Werner, JJ,

2Cited by29 opinions

  1. Wood Selick v. . BallNew York Court of Appeals · 1907
  2. Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
  3. Bean v. . FlintNew York Court of Appeals · 1912
  4. Union Trust Co. v. SickelsAppellate Division of the Supreme Court of the State of New York · 1908
  5. Portland Co. v. Hall & Grant Construction Co.Appellate Division of the Supreme Court of the State of New York · 1908

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