Legal Opinion

R.L. Association v. . Kellogg

New York Court of Appeals

Decided February 27, 1894PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 14, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are set forth in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 14, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are set forth in the opinion. The complaint should have been dismissed upon appellant’s motion at the opening of the case on the ground tliat-it failed to state facts sufficient to constitute a cause of action. (Purdy v. Coar, 109 N. Y. 448; Driscoll v. W. B. C. M. Co., 59 id. 96,…

1Opinion of the CourtBartlett, J.

This is an appeal from a judgment affirming the judgment of the special term enjoining the defendant from selling or offering for sale any goods, wares or merchandise upon the lots leased by him of the plaintiff, or upon any of its grounds, without first obtaining a license from the plaintiff.

The plaintiff is a corporation organized as “ The Bound Lake Camp Meeting Association of the Methodist Episcopal Church of the Troy Conference,” under chapter 617, Laws 1868. The name of the corporation was changed, by order of the Saratoga County Court, July 8th, 1887, to the Bound Lake Association. In…

2Cases cited4 opinions

  1. Tallmadge v. . the East River BankNew York Court of Appeals · 1862
  2. Hodge v. . SloanNew York Court of Appeals · 1887
  3. Rowland v. . MillerNew York Court of Appeals · 1893
  4. Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873

3Cited by17 opinions

  1. Bovin v. GalitzkaNew York Court of Appeals · 1929
  2. Thousand Island Park Assn. v. . TuckerNew York Court of Appeals · 1903
  3. Lyon v. Bethlehem Engineering Corp.New York Court of Appeals · 1930
  4. Port of New York Authority v. Eastern Air Lines, Inc.District Court, E.D. New York · 1966
  5. Boskowitz v. CohnAppellate Division of the Supreme Court of the State of New York · 1921

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