Oakeshott v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Benjamin. Hettleton Oakeshott, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 19th day of December, 1904, upon the dismissal of the complaint by direction of the court after the - plaintiff’s opening upon a trial at the Hew York Trial Term.
1Opinion of the Court
McLaughlin, J.:
At the trial, upon .the complaint and the opening of plaintiff’s counsel, the complaint was dismissed and plaintiff excepted. The appeal challenges the correctness of this ruling, and in determining the question the facts alleged in the complaint and stated in the opening must be assumed to be true, as well as every inference that can fairly be drawn from them. (Sheridan v. Jackson, 72 N. Y. 170; Clews v. N. Y. Nat. Banking Assn., 105 id: 398; Scott v. Mayor, 27 App. Div. 240.) The facts thus alleged and stated are, in sub*386stance, that on the 7th of October, 1899, one George…
2Cases cited5 opinions
- In Re the Judicial Settlement of the Accounts of WorthingtonNew York Court of Appeals · 1894
- Sheridan v. . JacksonNew York Court of Appeals · 1878
- Porter v. JonesSupreme Court of Missouri · 1873
- Bowery National Bank v. WilsonNew York Court of Appeals · 1890
- Scott v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by10 opinions
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- In re the Estate of SharpNew York Supreme Court · 1931
- In re the Estate of HookerNew York Surrogate's Court · 1940
- In re the Estate of GarmesNew York Supreme Court · 1936
- Nute v. FrySupreme Court of Missouri · 1939
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