Falk v. MacMasters
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Roy H. MacMasters and another, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 23d day of March, 1921, granting plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Jaycox, J.:
The court at Special Term granted a motion made by the plaintiff for judgment on the pleadings. The pleadings consist of the complaint, an answer and a demurrer to the answer.
The action is brought to recover moneys deposited by the plaintiff with the defendants to margin certain stock transactions conducted by the defendants, as brokers for the plaintiff, upon the ground that at the time of the deposit and of the transactions the plaintiff was and still is an infant.
The answer denies knowledge or information .sufficient to form a belief as to the allegations of the plaintiff’s…
2Cases cited10 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Harley v. . PlantNew York Court of Appeals · 1914
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
- Studwell v. . ShapterNew York Court of Appeals · 1873
- New York Building Loan Banking Co. v. FisherAppellate Division of the Supreme Court of the State of New York · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Butler v. CatinellaAppellate Division of the Supreme Court of the State of New York · 2008
- Riland v. Frederick S. Todman & Co.Appellate Division of the Supreme Court of the State of New York · 1977
- McGowan v. McGowanNew York Supreme Court · 1950
- Duke v. WassermanNew York Supreme Court · 1948
- Kissling v. SkolkinAppellate Division of the Supreme Court of the State of New York · 1939
6 more not listed; retrieve them via the Exa API.