Messersmith v. American Fidelity Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edgar C. Messersmith, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 2d day of January, 1918, denying his motion for judgment on the pleadings, consisting of a complaint and the answer thereto.
1Opinion of the Court
Hubbs, J.:
The opinion of Mr. Justice Foote herein fully sets forth the facts in this case.
It does not seem to me that the cases cited as authority *36for sustaining the order made by the Special Term have that effect.
The case of McMullen v. Hoffman (174 U. S. 639) was an action between partners for an accounting of the profits accruing from an illegal contract. The parties entered into a fraudulent and illegal agreement to put in fictitious bids for a contract for public improvements. The court said: “ In the case before us the cause of action grows directly out of the illegal contract, and if…
2Cases cited7 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960
- Dance v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 1983
- Bersani v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1975
- Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
- Jaclyn, Inc. v. Edison Brothers Stores, Inc.New Jersey Superior Court Appellate Division · 1979
17 more not listed; retrieve them via the Exa API.