Falk v. . Hoffman
New York Court of Appeals
Appeal from a judgment, entered March 3, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed an order of Special Term sustaining defendants’ demurrer to the amended complaint and granting their motion for judgment on the pleadings. The complaint alleges facts sufficient to constitute a cause of action for which the plaintiff has not any adequate remedy at law. (McManus v. Durant, 168 App.
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Appeal from a judgment, entered March 3, 1920, upon an order of the Appellate Division of the Supreme Court in the first judicial department which affirmed an order of Special Term sustaining defendants’ demurrer to the amended complaint and granting their motion for judgment on the pleadings. The complaint alleges facts sufficient to constitute a cause of action for which the plaintiff has not any adequate remedy at law. (McManus v. Durant, 168 App. Div. 643; Strong v. Repide, 213 U. S. 419; Selwyn & Co. v. Waller, 212 N. Y. 507; Von Au v. Magenheimer, 126 App. Div. 257; 196 N. Y. 510;…
1Opinion of the CourtCardozo, J.
The case is here upon demurrer.
The plaintiff, Arthur Falk, his brother Albert, and one Jacob L. Hoffman were the sole stockholders in the Falk Tobacco Company. Each stockholder had certain preemptive rights in the holdings of the others. The time came when the plaintiff was ready to sell his shares. The defendants, Albert Falk and Hoffman, undertook to find a purchaser. At first, the project was to sell to the Tobacco Products Corporation of America. Later the defendants reported that this project had been abandoned, and that the corporation would not buy. They told the plaintiff that they…
2Cases cited7 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Hammond v. . PennockNew York Court of Appeals · 1874
- Schank v. . SchuchmanNew York Court of Appeals · 1914
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3Cited by41 opinions
- Deckert v. Independence Shares Corp.Supreme Court of the United States · 1940
- Myzel v. FieldsCourt of Appeals for the Eighth Circuit · 1967
- Randall v. LoftsgaardenSupreme Court of the United States · 1986
- John B. Janigan v. Frederick B. TaylorCourt of Appeals for the First Circuit · 1965
- Wendt v. FischerNew York Court of Appeals · 1926
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