Drake v. Hodgson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank Drake, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 2d day of January, 1920, upon the dismissal of the complaint by direction of the court' at the opening of the trial at Trial Term.
1Opinion of the Court
Merrell, J.:
This is an appeal by the plaintiff from a judgment dismissing plaintiff’s complaint on defendants’ motion, made at the opening of the trial, upon the ground that the complaint failed to state facts sufficient to constitute a cause of action.
The action is brought to recover a sum of money alleged to be due the plaintiff from the defendants for the alleged breach of a contract. The summons has been served only upon the defendant, respondent, Hodgson. The complaint alleges that the defendants were copartners engaged in the stock-brokerage business under the firm name and style of Gay…
2Cases cited9 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Markham v. . JaudonNew York Court of Appeals · 1869
- Wood v. . FiskNew York Court of Appeals · 1915
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3Cited by9 opinions
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- Sprague v. GlynnNew York Supreme Court · 1930
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