Donovan v. Main
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John McKesson, Jr., and others, com-' posing the firm of “ McKesson & Robbins,” from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of April, 1902, as resettled by an order entered in said clerk’s office on the 29th day of April, 1902, overruling said defendants’ answer as frivolous and granting judgment as demanded in the complaint.
1Opinion of the Court
Goodrich, P. J. :
The action is brought to recover damages occasioned to the plaintiff by an explosion of chemicals stored on the premises of Tarrant & Co., on Warren street in the borough of Manhattan. The complaint was served November 6, 1901. Certain of the defendants composing the firm of McKesson & Robbins appeared on November 30. The plaintiff served an amended complaint on December 6. McKesson & Robbins served an “ answer to the complaint of the plaintiff in this action ” on December 24. The plaintiff moved for an order overruling the answer of the firm as frivolous and for judgment and…
2Cases cited4 opinions
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Baker v. BaileyNew York Supreme Court · 1852
- Benedict v. SeymourNew York Supreme Court · 1852
- Durst v. Brooklyn Heights RailroadNew York Supreme Court · 1900
3Cited by7 opinions
- North British & Mercantile Insurance v. ParnellCourt of Appeals of Georgia · 1936
- Frees v. BlythAppellate Division of the Supreme Court of the State of New York · 1904
- Bonnell v. GillSupreme Court of Colorado · 1907
- Carleton v. LawrenceNew York Supreme Court · 1912
- Cramer v. AikenCourt of Appeals for the D.C. Circuit · 1934
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