Bernstein v. Warland
New York Supreme Court
Action for damages for conversion, against William Walton, Sheriff of Bangs county, Alden Speare’s Sons Company, a corporation, and William E. Warland, attorney at law for the said corporation. Trial of an issue of law raised by the demurrer of the defendant Warland to the complaint that it does not state facts sufficient to constitute a cause of action against him.
1Opinion of the Court
Gaynor, J.:
Instead of the sufficient and scientific allegation that the defendants unlawfully took or detained from the plaintiff and converted to their own use the chattels described, to his damage, &c., leaving all evidence for the proper time and place, i. e., the trial, the complaint abounds in useless verbiage. It alleges that the defendant Warland is an attorney at law, and as such “ was the attorney and legal adviser of the defendant ” corporation “ as to all the facts and matters hereinafter mentioned ”. It afterwards alleges that “ as such attorney at law ” he “ requested, directed,…
2Cases cited9 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Scofield v. . WhiteleggeNew York Court of Appeals · 1872
- Ford & Rockwood v. WilliamsNew York Court of Appeals · 1856
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3Cited by4 opinions
- Lee Tung v. BurkhartOregon Supreme Court · 1911
- In re the Examination in Supplementary Proceedings of RileyAppellate Division of the Supreme Court of the State of New York · 1943
- Milligan v. Brooklyn Warehouse & Storage Co.New York Supreme Court · 1901
- Chandler v. P. W. Chapman & Co.Appellate Division of the Supreme Court of the State of New York · 1926