Rosenwasser v. Ogoglia
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Michele Ogoglia, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 30th day of November, 1915, denying his motion for judgment on the pleadings and overruling his demurrer to the amended complaint.
1Opinion of the Court
Jenks, P. J.:
I think that the name of a copartnership is not within the purview of section 51 of the Civil Rights Law. Probably the incentive of this statute is Roberson v. Rochester Folding Box Co. (171 N. Y. 538). (See Rhodes v. Sperry & Hutchinson Co., 193 N. Y. 226.) “The key to correct construction of both Constitution and statute is the evil sought to be remedied thereby.” (Lord v. Equitable Life Assurance Society, 194 N. Y. 224.) The circumstances at the time of the passage of the act may be considered in regard to its construction and interpretation. (O’Brien v. Mayor, etc., 139 N. Y.…
2Cases cited7 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- United States v. FoxSupreme Court of the United States · 1877
- Lord v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1909
- In Re the Accounting of PeckNew York Court of Appeals · 1912
- O'Brien v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. Charles Scribner's SonsNew York City Magistrates' Court · 1954
- Copley v. Northwestern Mutual Life Insurance Co.District Court, S.D. West Virginia · 1968
- Jaccard v. R. H. Macy & Co.New York Supreme Court · 1941
- Davis v. R. K. O. Radio Pictures, Inc.District Court, S.D. New York · 1936
- Rosenwasser v. OgogliaAppellate Division of the Supreme Court of the State of New York · 1916
2 more not listed; retrieve them via the Exa API.