David Gilmour Door Co. v. Shea
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The David Gilmour Door Company from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk off the county of Mew York On the 30th day of October, 1911, upon "the dismissal of the complaint by direction of the court at the opening of a trial at the Mew York Special Term.
1Opinion of the Court
Scott, J.:
The plaintiff appeals from a judgment dismissing the complaint. The facts alleged in the complaint and the nature of the relief sought are set forth in the opinion of Mr. Justice Laugelcn and need not be repeated. As the complaint was dismissed before the introduction of any evidence, all the facts well pleaded in the complaint must be accepted as true. This, however, does not justify us in accepting the allegations of bad faith and fraudulent intent on the part of the sheriff, except as such charges are supported by well-pleáded facts. In effect what the plaintiff seeks is a…
2Cases cited2 opinions
- Cohen v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Minor v. GurleyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Isabelle Properties, Inc. v. EdelmanCity of New York Municipal Court · 1937
- Carstairs v. SpearAppellate Division of the Supreme Court of the State of New York · 1922
- In re Equilease Corp.Appellate Division of the Supreme Court of the State of New York · 1963