Old Dominion Copper Min. Co. v. Lewisohn
U.S. Circuit Court for the District of Southern New York
In Equity. On demurrer to a bill of complaint against the executors of Leonard Lewisohn, deceased.
1Opinion of the Court
LACOMBE, Circuit Judge.
It was conceded by complainant upon the argument that the bill prayed no relief except rescission of a contract for the sale of certain mining rights and a parcel of real estate in Arizona. Irrespective of such concession, the court would be inclined so to construe the bill. Therefore the objection that it is multifarious cannot be sustained.
The demurrer asserts that the complainant has not by the bill stated such a case as entitles it to have such contract and sale rescinded. This sufficiently challenges the equity of the bill. The facts as averred in the bill are as…
2Cases cited2 opinions
- Foster v. SeymourU.S. Circuit Court for the District of Southern New York · 1885
- McCracken v. RobisonCourt of Appeals for the Second Circuit · 1893
3Cited by3 opinions
- Ellis v. Penn Beef Co.Court of Chancery of Delaware · 1911
- Old Dominion Copper Mining & Smelting Co. v. LewisohnDistrict Court, S.D. New York · 1911
- Meier v. EatonSouth Dakota Supreme Court · 1923