Atkins v. Judson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Littleberry 0. Atkins, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 20th day of December, 1897, upon the decision of the court, rendered after a trial at the Onondaga Special Term, sustaining the demurrers interposed by the defendants to the third amended complaint, upon the ground that the same did not state facts sufficient to constitute a cause of action,…
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Appeal by the plaintiff, Littleberry 0. Atkins, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 20th day of December, 1897, upon the decision of the court, rendered after a trial at the Onondaga Special Term, sustaining the demurrers interposed by the defendants to the third amended complaint, upon the ground that the same did not state facts sufficient to constitute a cause of action, and dismissing the complaint. On the 1st day of January, 1894, the' defendant, the Syracuse Street Railroad Company,…
1Opinion of the Court
Adams, J.:
If it is not so expressly alleged in the complaint, the. facts which are alleged make it perfectly apparent that the foreclosure sale which the plaintiff seeks to have 'vacated was but one step in a plan which, had been perfected by certain interested parties for the •reorganization and consolidation of the street railroads in the city of Syracuse. While the object which these parties had in view may have been a perfectly .proper and legitimate one, the question with 'which we are concerned upon this review is, whether the means •resorted to to attain that object, as-the same are…
2Cases cited7 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Allen v. GilletteSupreme Court of the United States · 1888
- Jewett v. . MillerNew York Court of Appeals · 1852
- Herring v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Meltzer v. GraziAppellate Division of the Supreme Court of the State of New York · 1960
- Tracey v. Sullivan, New York County Courts1928
- In re Fitzgerald, New York County Courts1903
- Hudson River Power Transmission Co. v. United Traction Co.New York Supreme Court · 1904
- Atkins v. JudsonAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.