Legal Opinion

Coppola v. Kraushaar

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1905Published

Appeal from Trial Term, Kings County. Action for breach of contract by Lorenzo Coppola against Isidor Kraushaar. From a judgment of dismissal, plaintiff appeals. Reversed

1Opinion of the CourtJenks, J.

The plaintiff was dismissed at trial, before testimony was taken, because he had not stated a cause of action. The question presented is on the pleading. Ketchum v. Van Dusen, 11 App. Div. 333, 42 N. Y. Supp. 1112; Spies v. Michelsen, 2 App. Div. 226, 37 N. Y. Supp. 720.

The plaintiff complains that on January 3, 1902, he ordered of the defendant two gowns for his betrothed, to be made after model 4,846 ; that the defendant was told at the time that plaintiff was to wed on January 19th, and was incurring great expense for the wedding feast ; that defendant agreed, in consideration of $50, of…

2Cases cited13 opinions

  1. Griffin v. . ColverNew York Court of Appeals · 1858
  2. Marie v. . GarrisonNew York Court of Appeals · 1880
  3. Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
  4. Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
  5. Sanders v. . SoutterNew York Court of Appeals · 1891

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