Legal Opinion
Stevens v. Lang
District Court, S.D. New York
Decided August 23, 1951PublishedCited by 1 opinion
1Opinion of the Court
WEINFELD, District Judge.
By motion to dismiss under Rule 12(c), Fed.Rules Civ.Proc. 28 U.S.C.A., the defendant challenges the sufficiency of the complaint in an action for breach of contract. Federal jurisdiction rests on diversity of citizenship.
The complaint alleges, in substance, that the defendant, who represented that he had been a widower since May 12th, 1949, proposed marriage to the plaintiff several months thereafter. There were, however, circumstances which, in the defendant’s opinion, stood in the way of an early marriage. A marriage shortly after his wife’s death would prejudice…
2Cases cited8 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Fearon v. TreanorNew York Court of Appeals · 1936
- Andie v. KaplanNew York Court of Appeals · 1942
- Josephson v. Dry Dock Savings Institution, MendezNew York Court of Appeals · 1944
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Easley v. NealNew York Supreme Court · 1952