Bonta v. Gridley
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Onondaga county. Action by Frank M. Bonta against Francis W. Gridley and another. Judgment overruling defendants’ demurrer to the complaint, and they appeal. The defendants demurred to the plaintiff’s complaint herein upon the ground that it did not state facts sufficient to constitute a cause of action, and from the judgment overruling such demurrer this appeal is brought.
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Appeal from trial term, Onondaga county. Action by Frank M. Bonta against Francis W. Gridley and another. Judgment overruling defendants’ demurrer to the complaint, and they appeal. The defendants demurred to the plaintiff’s complaint herein upon the ground that it did not state facts sufficient to constitute a cause of action, and from the judgment overruling such demurrer this appeal is brought. The complaint demands judgment for the sum of $3,750 damages for the alleged wrongful breach of a written contract entered into between the parties hereto, of which the following is a copy: “This…
1Opinion of the CourtMcLENNAN, J.
For the purposes of this review, we must regard as established all the allegations of fact contained in the complaint. The principal reason urged by appellants for the reversal of the inter*963locutory judgment overruling their demurrer is that the contract is void, as being against public policy. We think the contract set forth in the complaint is valid. Neither party to the contract was an officer or director of the bank'. The defendants were stockholders only; presumably, were interested in the welfare and success of the bank, and, so far as appears, in good faith desired to promote the best…
Also in this document: Concurrence.
2Cases cited8 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- Barnes v. . BrownNew York Court of Appeals · 1880
- Newman v. . NellisNew York Court of Appeals · 1884
- Fennessy v. RossAppellate Division of the Supreme Court of the State of New York · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wilson v. McClennySupreme Court of North Carolina · 1964
- Leadbetter v. PriceOregon Supreme Court · 1921
- Timme v. KopmeierWisconsin Supreme Court · 1916
- Bonta v. GridleyAppellate Division of the Supreme Court of the State of New York · 1904