Cohn v. . Goldman
New York Court of Appeals
Appeal from j udgment of the General Term of the Superior Court in the city of Hew York, affirming a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from j udgment of the General Term of the Superior Court in the city of Hew York, affirming a judgment in favor of plaintiffs, entered upon a verdict. The averments in the complaint in this action were as follows : “ The complaint of the plaintiffs in this action avers that at the city of Hew York, at divers times between the 22d of October and the 30th of December, 1874, the defendants in this action in concert did, by connivance, conspiracy and combination, cheat and defraud the plaintiffs out of eight bales of Havana tobacco, in value in the aggregate the sum of $773.51, and at the…
1Per curiam
The trial court and the General Term had, at least seeming authority from this court, for refusing the motion of the defendant, made at the opening of the trial, to dismiss the plaintiffs’ complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The case of Ynguanzo v. Salomon, reported in 3 Daly, 153, presented a complaint cast in the same mould with that in this case. In that there was a motion made at the trial to dis miss the complaint, on the same ground as that stated here. It was denied. The General Term held that there was no error, and that the…
2Cases cited1 opinion
- Ynguanzo v. SalomonNew York Court of Common Pleas · 1869
3Cited by42 opinions
- Telaro v. TelaroNew York Court of Appeals · 1969
- Laun v. KippWisconsin Supreme Court · 1914
- Wood v. . AmoryNew York Court of Appeals · 1887
- Knowles v. . City of New YorkNew York Court of Appeals · 1903
- Ladd v. NystolSupreme Court of Kansas · 1901
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