Gilbert v. Bunnell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Edward L. Gilbert and another, 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 2d day of July, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiffs’ complaint.
1Opinion of the Court
Hatch, J.:
The complaint in this action was evidently intended to be framed for equitable relief. Such are its general features, and yet it is clear that facts are averred under which the plaintiffs show themselves entitled to strictly legal relief and the prayer of the complaint in part is for a money judgment. So far as is essential to a disposition of the question presented by this appeal, the complaint avers that the plaintiffs are copartners, engaged in the business of buying and selling on commission and dealing in securities in the city of New York; that the defendants are copartners…
2Cases cited9 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Cody v. First National BankAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by6 opinions
- George A. Ohl & Co. v. Standard Steel Sections, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Sims v. FarsonAppellate Division of the Supreme Court of the State of New York · 1913
- Dingwall v. ChapmanNew York Supreme Court · 1909
- Morrison v. ChapmanNew York Supreme Court · 1909
- Brozan v. WormsNew York Supreme Court · 1930
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