Coppola v. Kraushaar
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lorenzo Coppola, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 9th day of December, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Jenks, J. :
The plaintiff was dismissed at trial, before testimony was taken, because he had not stated a cause of action. The question presented is on the pleading. (Ketchum v. Van Dusen, 11 App. Div. 332; Spies v. Michelsen, 2 id. 226.)
The plaintiff complains that on January 3, 1902, he ordered of the defendant two gowns for his betrothed, to be made after model 4,846; that the defendant was told at the time that plaintiff was to wed on January 19. and was incurring great expense for the wedding feast; that defendant agreed in consideration of fifty dollars, of which he then received from…
2Cases cited8 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Rochester Lantern Co. v. Stiles & Parker Press Co.New York Court of Appeals · 1892
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
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3Cited by6 opinions
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1985
- Hochberg v. New York City Off-Track Betting Corp.New York Supreme Court · 1973
- Veit v. McCauslanAppellate Division of the Supreme Court of the State of New York · 1913
- Finkelstein v. SelwitzAppellate Terms of the Supreme Court of New York · 1913
- Freund v. Washington Square Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
1 more not listed; retrieve them via the Exa API.