Dupignac v. Bernstrom
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Bernstrom, individually and as managing director of Aktiebolaget Separator, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of April, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ demurrers to the second amended complaint.
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Appeal by the defendants, John Bernstrom, individually and as managing director of Aktiebolaget Separator, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of April, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ demurrers to the second amended complaint. The second amended complaint alleges, among other things, that in May, 1893, the plaintiff and the defendant, the Aktiebolaget Separator, a Swedish…
1Opinion of the Court
Laughlin, J. :. The appellants all contend that their demurrers should be sustained upon the grounds (1) that there was no consideration between the plaintiff and the De Laval Company; (2) that the stockholders of the De Laval Company could not bind it by the contract, and (3) that the contract is void under the Statute of Frauds. The appellants other than the De Laval Company also urge that, at all events, they are not proper or necessary parties and that no cause of action is alleged against any of them. While it is alleged that, the contract originally was with the Aktiebolaget Company, it…
2Cited by4 opinions
- Shea v. KeeneyAppellate Division of the Supreme Court of the State of New York · 1913
- Marklove v. Utica, Clinton & Binghamton RailroadNew York Supreme Court · 1905
- Gavazzi v. DryfoosNew York Supreme Court · 1905
- Dupignac v. BernstromAppellate Division of the Supreme Court of the State of New York · 1903