Legal Opinion

Burleigh v. Bevin

New York Supreme Court

Decided December 15, 1897PublishedCited by 5 opinions

Demubbeb to complaint on the ground that it does not state facts sufficient to constitute a cause of action, and that there is a defect of parties defendant.

1Opinion of the CourtMcLaughlin, J.

The plaintiff brings this action to recover of the defendants one-third of the loss alleged to have been sustained by him in a stock speculation in which he, Albert 0. Cheney (defendants’ testator) and Warner Miller were equally interested. The defendants .have- demurred to the complaint on the ground that it does not state facts sufficient to constitute' a cause of action, and that there is a defect of parties defendant. The complaint charges that Cheney, Miller and the plaintiff entered into an agreement to buy, for the purpose of reselling at a profit, certain stock of the Chicago,…

2Cases cited3 opinions

  1. Musier v. TrumpbourNew York Supreme Court · 1830
  2. Wheeler v. WheelerMassachusetts Supreme Judicial Court · 1872
  3. Equity Gas-Light Co. v. McKeigeNew York Court of Appeals · 1893

3Cited by5 opinions

  1. Teall v. RoeserAppellate Division of the Supreme Court of the State of New York · 1923
  2. Bigelow v. McMillinAppellate Division of the Supreme Court of the State of New York · 1937
  3. Cecil v. MontgomerySupreme Court of Oklahoma · 1923
  4. Hoffman v. MittlemannCity of New York Municipal Court · 1933
  5. Auld v. EstridgeNew York Supreme Court · 1976

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