Legal Opinion

Kranz v. Lewis

Appellate Division of the Supreme Court of the State of New York

Decided October 17, 1906PublishedCited by 18 opinions

Appeal by the defendant, Sollie Lewis, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1906, upon the decision of th'e court rendered after a trial at the Kings County Special Term overruling the defendant’s demurrer to the third amendéd complaint.

1Opinion of the Court

Gaynor, J.:

It seems to me that the interlocutory judgment overruling the demurrer to this crude complaint should be reversed. Each of the two causes of action is demurred to on the ground that it does not state facts sufficient, and the whole complaint is demurred to on the ground that the said causes of action are improperly united.

1. The first cause of action is that “ the defendant or his agent” induced the plaintiff’s intestate by false representations to enter into a written contract of purchase of a house and lot of the defendant, and to pay $500 on account thereof; that such…

2Cases cited3 opinions

  1. Pryor v. . FosterNew York Court of Appeals · 1891
  2. Genet v. President of the Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1898
  3. Lomb v. RichardNew York Supreme Court · 1904

3Cited by18 opinions

  1. People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
  2. In re the Estate of MullinNew York Surrogate's Court · 1932
  3. Curacao Trading Co. v. William Stake & Co.District Court, S.D. New York · 1941
  4. Balleisen v. SchiffAppellate Division of the Supreme Court of the State of New York · 1907
  5. State v. WolfnerSupreme Court of Missouri · 1928

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