Jaffe v. Weld
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Max Jaffe and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the lJth day of June, 1912, denying the plaintiffs’ motion for judgment on the pleadings and sustaining a demurrer to the complaint, and also from an order entered in said clerk’s office on the 13th day of November, 1912, amending the prior order and dismissing the complaint unless amended…
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Appeal by the plaintiffs, Max Jaffe and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the lJth day of June, 1912, denying the plaintiffs’ motion for judgment on the pleadings and sustaining a demurrer to the complaint, and also from an order entered in said clerk’s office on the 13th day of November, 1912, amending the prior order and dismissing the complaint unless amended within twenty days.
1Opinion of the Court
McLaughlin, J.:
Action to impress a trust upon certain cotton in the possession of the defendants upon the theory that it was purchased with funds obtained from the plaintiffs by fraud; that defendants obtained possession of the cotton with notice of the fraud, and without paying value therefor. The defendants demurred to the complaint upon the ground, among others, that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained with leave to serve an amended complaint (132 N. Y. Supp. 505), and on appeal the order sustaining the demurrer was affirmed (149…
2Cases cited7 opinions
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- In Re the Accounting of HicksNew York Court of Appeals · 1902
- Beecher v. . ConradtNew York Court of Appeals · 1855
- Kirkham v. . Bank of AmericaNew York Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re Bank of CubaAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Transfer Tax On the Estate of EarlyNew York Surrogate's Court · 1920
- Jaffe v. . WeldNew York Court of Appeals · 1917
- Legniti v. Mechanics & Metals National BankAppellate Division of the Supreme Court of the State of New York · 1919
- Schafuss v. BettsNew York Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.