Rafolovitz v. American Tobacco Co.
New York Supreme Court
Appeal from special term, Hew York county. Action by Joseph Bafolovitz against the American Tobacco Company for breach of a contract. From a judgment entered on an order sustaining a demurrer to the complaint, (23 H. Y. Supp. 274,) plaintiff appeals.
1Opinion of the CourtParker, J.
This case was well disposed of at the special term, and the argument supporting the disposition made was so fully presented as to render further consideration of the question discussed unnecessary. The appellant now makes a point which does not seem to have been addressed to the special term, and, in order to meet it, it will be necessary to state briefly the conclusion reached by that court. The pleader attempted to allege two distinct causes of action, founded on two separate contracts; but, while there were two contracts, they were in the same form, and but one need be quoted. As alleged,…
2Cases cited2 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Hurd v. . GillNew York Court of Appeals · 1871
3Cited by11 opinions
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- A. Santaella & Co. v. Otto F. Lange Co.Court of Appeals for the Eighth Circuit · 1907
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Moran Bolt & Nut Manufacturing Co. v. St. Louis Car Co.Supreme Court of Missouri · 1908
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