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…
1Concurrence
Appeal from the judgment of the General Term of the Supreme Court, affirming a judgment directed by a referee.
The action was put at issue and referred to a referee to hear and determine. When the case was brought on for trial the objection was raised that the complaint did not state facts sufficient to constitute a cause of action. The referee sustained the objection and dismissed the complaint. On appeal, the General Term affirmed the judgment. Thereupon the plaintiff appealed to this court.
The complaint is most singularly and inartificially drawn. It is difficult to surmise, and impossible…
2Cases cited4 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
- Crippen v. . HudsonNew York Court of Appeals · 1855
- Eno v. CrookeNew York Supreme Court · 1852