Gause v. Commonwealth Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Commonwealth Trust Company of Hew York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, bearing date the 26tli day of October, 1905, and entered in the office of the clerk of the county of Hew York upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Ingraham, J.:
To the original complaint in this action the defendant demurred, which demurrer was sustained by this court (100 App. Div. 427). In pursuance of the leave granted the plaintiff amended the complaint, to which the defendant again demurred, which demurrer was overruled, and -the sufficiency of the amended complaint is now before us.
The action is brought upon a contract, a copy of which is annexed to the complaint. By that contract the defendant was the party of the first part and the plaintiff the party of the second part. It recites "that “ It is the mutual desire of the parties…
2Cases cited1 opinion
- Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by6 opinions
- Village of Endicott v. Parlor City Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Gause v. Commonwealth Trust Co.New York Supreme Court · 1907
- Norton v. KullAppellate Terms of the Supreme Court of New York · 1911
- City of Aransas Pass v. Hamon & Griffith, Inc.Court of Appeals of Texas · 1937
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