Carns v. Bassick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edgar W. Bassick, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of January, 1919, overruling his demurrers to six causes of action set up in the complaint. The demurrers challenged the complaint upon the ground that.the pleadings in the several causes of action failed to state facts sufficient to constitute a cause of action.
1Dissent
Smith, J. (dissenting):
My dissent from the conclusion reached by the majority of the court is simply in respect of the first and fourth causes of action. The averments of the first and second causes of action are, in all respects, similar, with the single exception that in the Second cause of action it is averred that the acts of the defendants in consummating the contract with the French government were committed “ in bad faith and with the intention * * * of preventing the consummation of said contract under negotiation by plaintiffs with the French government.” It may be assumed,…
2Cases cited5 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- McClave v. . PaineNew York Court of Appeals · 1872
- Faulkner v. CornellAppellate Division of the Supreme Court of the State of New York · 1903
- Myers v. BatchellerAppellate Division of the Supreme Court of the State of New York · 1917