Beardsley Scythe Co. v. . Foster
New York Court of Appeals
Appeal from the Supreme Court. The action was for equitable relief; and on the hearing, the referee dismissed the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The judgment was affirmed at General Term in the seventh judicial district, the opinion of the court being delivered by Mr. Justice Johnson.
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Appeal from the Supreme Court. The action was for equitable relief; and on the hearing, the referee dismissed the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The judgment was affirmed at General Term in the seventh judicial district, the opinion of the court being delivered by Mr. Justice Johnson. The complaint, in substance, alleges the following facts: In 1857, and the early part of 1858, William H. Osborn and George Clow were partners in the business of manufacturing grain cradles at Port Byron, conducting it under the firm name of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The referee was right in holding that upon the facts alleged the defendant was entitled to judgment. The plaintiff was not in a position to affirm and enforce a contract which was not made for his benefit, and to which he was neither party nor privy. It does not appear that he succeeded in any way to the rights of Osborn, and he cannot assert the claims of the latter to redress for the wrongs he imputes to the defendant. He does not demand a judgment declaring…
2Cases cited1 opinion
- Hall v. . GouldNew York Court of Appeals · 1855
3Cited by9 opinions
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- Morgan v. BogueNebraska Supreme Court · 1878
- Zimmerman v. MerrimanNew York Supreme Court · 1927
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