Legal Opinion
Brearton v. De Witt
New York Court of Appeals
Decided February 11, 1930PublishedCited by 18 opinions
1Opinion of the Court
Crane. J.
The complaint in this action, as supplemented by the bill of particulars, has been held to be insufficient, as not stating a cause of action, and by a motion made on the pleadings has been dismissed. The allegations, no doubt, present a peculiar case, which upon a trial may not prove to be the facts, or else by reason of other circumstances, carry an entirely different meaning. Nevertheless, the legal principles to be applied to the complaint are old and well understood.
The plaintiff states a cause of action on contract, wherein she alleges the consideration, the performance upon her…
2Cases cited8 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Milbank v. . JonesNew York Court of Appeals · 1891
- Devecmon v. ShawCourt of Appeals of Maryland · 1888
- Werner v. WernerAppellate Division of the Supreme Court of the State of New York · 1915
- Donnelly v. BauderAppellate Division of the Supreme Court of the State of New York · 1926
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Martin v. Star Publishing CompanySupreme Court of Delaware · 1956
- Hudak v. Hornell Industries, Inc.New York Court of Appeals · 1952
- In re the Estate of WitkindNew York Surrogate's Court · 1938
- Posner v. United States Fidelity & Guaranty Co.New York Supreme Court · 1962
- National Starch Products Inc. v. Polymer Industries Inc.Appellate Division of the Supreme Court of the State of New York · 1948
13 more not listed; retrieve them via the Exa API.