Cohen v. Nathaniel Fisher & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nathaniel Fisher & Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of October, 19G9, upon the decision of ■ the court, rendered after a trial at the New York, Special Term, overruling the said "defendant’s demurrer to-the complaint.
1Opinion of the Court
Laughlin, J.:
The demurrer was interposed upon the ground that the complaint fails to state facts sufficient to constitute a cause of action. The only theory upon which the learned counsel for. the plaintiff attempts to sustain the complaint is that it states a cause of action for conspiracy and that an action will lie against two or more per*240sons to recover damages for acts done by one of them pursuant to a conspiracy with the other or others, where an action could not be maintained against any of them for the same acts committed without a conspiracy with others. Ho statute conferring a cause…
2Cases cited10 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Burt v. . SmithNew York Court of Appeals · 1905
- People v. . FlackNew York Court of Appeals · 1891
- Green v. . DaviesNew York Court of Appeals · 1905
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3Cited by22 opinions
- Revert v. HesseCalifornia Supreme Court · 1920
- Mox Incorporated v. WoodsCalifornia Supreme Court · 1927
- Harding v. Ohio Casualty InsuranceSupreme Court of Minnesota · 1950
- Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918
- Cuker Industries, Inc. v. William L. Crow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1958
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