Legal Opinion

Motley v. Mercantile Trust Co.

New York Supreme Court

Decided June 15, 1906Published

Demurrers to complaint.

1Opinion of the CourtGildersleeve, J.

There are some fifty-five defendants in this action, two of whom — i. the Mercantile Trust Company and Alvin W. Krech — have demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The complaint is very long and is based on the alleged fraud of the defendants. It seems to me that it contains all the elements necessary to set forth a good cause of action for fraud against these defendants and each of them. It alleges in detail representations by defendants and each of them as to existing facts, the falsity thereof, the knowledge of…

2Cases cited4 opinions

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. Ellsworth v. Franklin County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 1904
  3. Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Supreme Court · 1894
  4. Clarke v. Mercantile Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905

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