Becker v. Fischer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John G. Fischer, from a judgment of the Superior Court of Buffalo in favor of the plaintiff, entered in the office of the clerk of said court on the 18th day of December, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, John G. Fischer, from a judgment of the Superior Court of Buffalo in favor of the plaintiff, entered in the office of the clerk of said court on the 18th day of December, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes. The cause was brought to trial on the eighteenth day of September at a Trial Term of the Superior Court of Buffalo before the court and a jury. Verdict was taken for the plaintiff, for $520. A motion fór a new…
1Opinion of the Court
Hardin, P. J.:
The second rule prescribed in section 481 of the Code of Civil Procedure for a complaint is in the following language: “ A plain and concise statement of the facts, constituting each cause of action, without unnecessary repetition.”
It is alleged in the complaint that in July, 1894, Charles J. Becker and Cornelius J. Fischer formed a copartnership under an agreement to engage in the produce commission business in the city of Buffalo, It is also alleged that prior to the thirtieth of July Beckér was engaged in the produce commission business,' and was the owner of an established…
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- White v. . HoytNew York Court of Appeals · 1878
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Olsen v. EnsignNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Kramer v. KramerAppellate Division of the Supreme Court of the State of New York · 1904
- Partyka v. ZawadzkiNew York Supreme Court · 1928