Middleton v. Ames
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wilbur T. Ames, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 21st day of November, 1898, upon the decision of the court rendered after a trial at the New York Special Term overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
McLaughlin, J.:
The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and from the interlocutory judgment entered the defendant appealed.
The complaint alleged that the parties and one Henry Onequi on the 3d of February, 1898, entered into a written contract, by the terms of which the plaintiff and Onequi sold and delivered to the defendant certain personal property, including the good will of a business theretofore carried on by them for the sum of $8,250, which sum the defendant agreed to pay “…
2Cases cited1 opinion
- Wetmore v. . PorterNew York Court of Appeals · 1883
3Cited by2 opinions
- Hotel Register Co. v. OsborneAppellate Division of the Supreme Court of the State of New York · 1903
- Isbell-Porter Co. v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1906