Legal Opinion · Dissent

Cohn-Baer-Myers & Aronson Co. v. Realty Transfer Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 11, 1907Published

Appeal by the plaintiff, the Cohn-Baer-Myers & Aronson Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 31st day of March, 1906, upon the decision of the court, rendered -after a-trial at, the New York Special Terrn, dismissing the plaintiff’s amended complaint. •

1Dissent

Laughlin, J. (dissenting, in part):

The complaint was dismissed on motion of defendants separately - made, on the pleadings and opening of counsel for plaintiff at the commencement of the. trial, on the ground that it fails to state facts sufficient to constitute a cause of action of which a court of equity has jurisdiction.

The plaintiff and the defendant company are1 domestic corporations. The defendant Cunningham duly contracted, in writing, to sell and convey to the plaintiff certain premises, therein. described, 'situate in the borough of Manhattan in the city of Hew York, and bounded, :só…

2Cases cited16 opinions

  1. The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
  2. Hardin v. BoydSupreme Court of the United States · 1885
  3. Lloyd v. BrewsterNew York Court of Chancery · 1834
  4. McHenry v. . HazardNew York Court of Appeals · 1871
  5. Caldwell v. KingSupreme Court of Alabama · 1884

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