Schantz v. . Oakman
New York Court of Appeals
Appeal from a final judgment of the Supreme Oourt dismissing the complaint, entered January 6,1897, upon an order of the Appellate Division' of the Supreme Oourt in the first judicial department affirming an interlocutory judgment of Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement between plaintiff and Oakman and Eyan is sufficiently alleged.
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Appeal from a final judgment of the Supreme Oourt dismissing the complaint, entered January 6,1897, upon an order of the Appellate Division' of the Supreme Oourt in the first judicial department affirming an interlocutory judgment of Special Term sustaining demurrers to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement between plaintiff and Oakman and Eyan is sufficiently alleged. It bound them as quasi partners to the prosecution of an enterprise for the consolidating into one company of certain street railway properties in…
1Opinion of the CourtGbay, J.
One of the grounds of the demurrer to the complaint was that it did not state facts sufficient to constitute a cause of action and that has been approved by the courts below and from a final judgment entered in favor of the defendants the plaintiff has now appealed to this court.
It appears from the complaint that, on October 16th, 1889, the plaintiff, possessing an option for the purchase of a majority of the capital stock of certain street railway companies in the city of Milwaukee, Wisconsin, of which the Milwaukee Cable Railway Company was one, entered into an .agreement with the…
2Cases cited4 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Marston v. . GouldNew York Court of Appeals · 1877
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- West Point Foundry Ass'n v. BrownNew York Court of Chancery · 1839
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- Bradkin v. LevertonNew York Court of Appeals · 1970
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
- Sitar v. SitarAppellate Division of the Supreme Court of the State of New York · 2008
- Fur & Wool Trading Co. v. George I. Fox, Inc.New York Court of Appeals · 1927
- Bouley v. BouleyAppellate Division of the Supreme Court of the State of New York · 2005
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