Legal Opinion
Cline v. Consumers Cooperative Gas and Oil Co.
New York Supreme Court
Decided September 22, 1934PublishedCited by 6 opinions
1Opinion of the Court
Smith (E. N.), J.
The motion is made under rule 106 of the Rules of Civil Practice, on the ground that the complaint does not state facts sufficient to constitute a cause of action. On this motion the court has before it only the complaint, and, in considering it, assumes the allegations of the complaint to be true.
The Independent Retail Petroleum Products Dealers of Jefferson County, as president of which the plaintiff brings this action, is an unincorporated association consisting of seven or more persons, all of whom are engaged in the retail sale of petroleum products in Jefferson county,…
2Cases cited9 opinions
- Wilson v. NewSupreme Court of the United States · 1917
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- City of Buffalo v. . StevensonNew York Court of Appeals · 1913
- People Ex Rel. Unger v. . KennedyNew York Court of Appeals · 1913
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3Cited by6 opinions
- Smithberger v. BanningNebraska Supreme Court · 1935
- Darweger v. StaatsNew York Supreme Court · 1934
- Royce v. RosascoNew York Supreme Court · 1936
- People v. Princeton, Inc.New York City Magistrates' Court · 1935
- Friedman v. John Lowry, Inc.New York Supreme Court · 1935
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