Manhasset Point Co. v. Wright
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Manhasset Point Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1908, upon the dismissal of the complaint by direction of the court on the opening of the case at the New York Trial Term, upon the ground that the complaint fails to state facts sufficient to constitute a cause of action.
1Opinion of the Court
Laughlin, J.:
This is an action at law to recover the sum of $100,000 damages for an alleged breach of contract by the defendant. At the outset *471the learned counsel for appellant claims that the court was precluded from dismissing the complaint by a stipulation made in open court at a prior term when the case was moved for trial and a like motion was made to dismiss the complaint whereupon it was stipulated that, if the motion should be denied the cause should be remanded to the general calendar, and that on the cause being again brought on for tidal the motion should not be renewed. The…
2Cited by2 opinions
- Weintraub v. F. M. B. Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Mason v. Lory Dress Co.Appellate Division of the Supreme Court of the State of New York · 1951