Lurman v. Jarvie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theodor Gr. Lurman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the blew York Trial Term. ■ The facts alleged in the complaint and stated in Exhibit A thereto annexed, by counsel for plaintiff in opening the case, so far as material to the questions arising…
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Appeal by the plaintiff, Theodor Gr. Lurman, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of March, 1902, upon the dismissal of the complaint by direction of the court after a trial at the blew York Trial Term. ■ The facts alleged in the complaint and stated in Exhibit A thereto annexed, by counsel for plaintiff in opening the case, so far as material to the questions arising upon- the appeal are as follows: The Coffee Exchange of the city of b¡ ew York, composed of coffee merchants, was…
1Opinion of the Court
Laughlik, J.:
We are of the opinion that this action cannot be maintained and 'that the complaint was properly dismissed: Neither bad faith nor malice is alleged, nor are the facts stated of such a nature as to necessarily imply the existence of either. ■ The plaintiff having expressly conceded, in order to present the legal question, that he is *43unable to show any other facts than those stated in his eomplaiiit, the exhibit annexed and in the opening—the material parts of which are set forth in the statement of facts — malice not having been alleged, should not be inferred if the facts are…
2Cases cited20 opinions
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Jenkins v. WaldronNew York Supreme Court · 1814
- Jones v. BrownSupreme Court of Iowa · 1880
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3Cited by10 opinions
- Lybrand v. LevittAppellate Division of the Supreme Court of the State of New York · 1976
- Cooper v. WeissblattAppellate Terms of the Supreme Court of New York · 1935
- Melady v. South St. Paul Live Stock ExchangeSupreme Court of Minnesota · 1919
- Miss Susan, Inc. v. Enterprise & Century Undergarment Co.Appellate Division of the Supreme Court of the State of New York · 1946
- Portsmouth Baseball Corporation v. FrickDistrict Court, S.D. New York · 1955
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