Legal Opinion

Guggenheim v. Guggenheim

New York Supreme Court

Decided May 15, 1916PublishedCited by 4 opinions

Motion for judgment on the pleadings pursuant to section 547 of the Code of Civil Procedure.

1Opinion of the CourtBenedict, J.

The defendants, having served an amended answer herein, move for judgment dismissing the complaint herein on the pleadings, pursuant to section 547 of the Code of Civil Procedure.

It was contended upon the argument of the motion, on behalf of the defendants, that the complaint does not state facts sufficient to constitute a cause of action; but, notwithstanding the very able and complete statement of the grounds of this objection contained in the briefs submitted by their counsel, I am unable to concur in their contention.

The Code has laid down certain fundamental rules to be observed by…

2Cases cited27 opinions

  1. Kimberly v. ArmsSupreme Court of the United States · 1889
  2. Brooks v. MartinSupreme Court of the United States · 1864
  3. Cowee v. . CornellNew York Court of Appeals · 1878
  4. Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
  5. Wetmore v. . PorterNew York Court of Appeals · 1883

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3Cited by4 opinions

  1. Plews v. BurrageCourt of Appeals for the First Circuit · 1921
  2. Ryder v. PyrkeNew York Supreme Court · 1927
  3. Mulkins v. SnowNew York Supreme Court · 1919
  4. Morris v. MuldoonNew York Supreme Court · 1919

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