Walsh v. Dwight
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiffs, John G. Walsh and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 12-th day of January, 1899, upon the dismissal of the complaint hy direction of the court after a trial at" the Hew York Trial Term.
1Opinion of the Court
Ingraham, J.:
Upon the trial of this action the complaint was dismissed upon the ground that it did not state facts sufficient to constitute a cause of action„and from the judgment entered upon such dismissal the plaintiffs appeal. Upon this appeal the facts alleged in the complaint must be taken as established, and it must be determined whether upon such facts, as alleged, the plaintiffs were entitled to a verdict. The' complaint alleges that the plaintiffs, who are doing business in the city of Hew York as manufacturers of and dealers’ in saleratus and soda, which are articles of common use…
2Cases cited2 opinions
- United States v. E. C. Knight Co.Supreme Court of the United States · 1895
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
3Cited by22 opinions
- Union Pacific Coal Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- John D. Park & Sons Co. v. HartmanCourt of Appeals for the Sixth Circuit · 1907
- Whitwell v. Continental Tobacco Co.Court of Appeals for the Eighth Circuit · 1903
- Grogan v. ChaffeeCalifornia Supreme Court · 1909
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