Bloomquist v. Farson
Appellate Division of the Supreme Court of the State of New York
Appeal in the first action by the defendants, John Farson and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 24th day of February, 1915, upon the decision of the court after a trial before the court without a jury, and also from an order entered in said clerk’s office on the 15th day of February, 1915, granting plaintiff an extra allowance of $500. Appeal in the second action by…
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Appeal in the first action by the defendants, John Farson and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 24th day of February, 1915, upon the decision of the court after a trial before the court without a jury, and also from an order entered in said clerk’s office on the 15th day of February, 1915, granting plaintiff an extra allowance of $500. Appeal in the second action by the defendants, John Farson and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the…
1Opinion of the Court
Per Curiam :
It is urged upon these appeals, apparently for the first time, that plaintiffs have an adequate remedy at law and that the complaints should have been dismissed at the trial for that reason. It is claimed that the question was raised by the motions to dismiss the complaints at the close of plaintiffs’ case. Among other grounds stated in support of the motion was this: “That the plaintiff has not made out any cause of action and that he is not entitled to any relief from a court of equity upon the proof submitted; ” also “That the proof submitted makes no case for any equitable…
2Cases cited4 opinions
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Baron v. . KornNew York Court of Appeals · 1891
- Ketchum v. DepewNew York Supreme Court · 1894
- Bloomquist v. FarsonNew York Supreme Court · 1915
3Cited by2 opinions
- Durant v. WhedonAppellate Division of the Supreme Court of the State of New York · 1922
- Longo v. SparanoNew York Supreme Court · 1922