A. F. Engelhardt Co. v. Benjamin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, A. E. Engelhardt Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the comity of Kings on the 20th day of March, 1896, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the complaint on the opening of the plaintiff’s counsel upon the ground that the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Willard Bartlett, J.:
This is an action to foreclose a lien which the plaintiff claims to have, as vendor, upon certain personal property sold to a firm in which the defendant Kaufman was a partner, and also a lien on certain fixtures which the plaintiff’s assignor had contracted with said firm to take down in one store, remove and re-erect in another. The record shows that the complaint was dismissed upon the opening of plaintiff’s counsel, on the ground that it did not state facts sufficient to constitute a canso of action. In opposition to the motion to dismiss the plaintiff road in…
2Cases cited1 opinion
- Parker v. . BaxterNew York Court of Appeals · 1881
3Cited by1 opinion
- A. F. Englehardt Co. v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1896