Kutcher v. Oriental Silk Printing Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order of the City Court of the city of New York, denying defendant’s motion for judgment on the pleadings, and from an order of the said court granting plaintiffs’ motion for judgment on the pleadings.
1Opinion of the CourtWagner, J.
A demurrer challenging the sufficiency of the complaint was overruled below and the cross motions made for judgment upon the pleadings resulted in the granting of plaintiffs’ motion and denial of that of the defendant, with leave to withdraw its demurrer and plead over. The amended complaint, based upon a transaction of bailment, sets forth that the plaintiffs delivered to the defendant certain pieces of silk owned by them to be printed and dyed by defendant under an agreement by which plaintiffs were to pay a reasonable compensation for the defendant’s services; that defendant failed to…
2Cases cited6 opinions
- Conrow v. . LittleNew York Court of Appeals · 1889
- Thomas v. New York & Greenwood Lake Railway Co.New York Court of Appeals · 1893
- Gurski v. DoscherAppellate Division of the Supreme Court of the State of New York · 1906
- Gurski v. . DoscherNew York Court of Appeals · 1907
- Stern v. RosenthalAppellate Terms of the Supreme Court of New York · 1907
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