Drucklieb v. Sam H. Harris, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius 0. Drucklieb, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of December, 1912, granting a motion made by certain of the defendants for judgment on the pleadings, as resettled by an order entered in said clerk’s office on the 31st day of December, 1912, and also from the said order resettling the first order.
1Opinion of the Court
Scott, J.:
The pleadings consist of a complaint and a demurrer, and the defendant’s motion for judgment thereon calls into question the sufficiency of the complaint.
The action is in equity and is an unusual one because the facts upon which it is based are unusual. That, of itself, however, is not sufficient to condemn the complaint for it is the distinguishing feature of equity jurisdiction that it will apply *85settled rules to unusual conditions and mold its decree so as to do equity between the parties. The facts, as detailed in the complaint, may be summarized as follows:
Prior to the year…
2Cited by3 opinions
- Loma Holding Corp. v. Cripple Bush Realty Corp.New York Supreme Court · 1933
- Steinbugler v. William C. Atwater & Co.Appellate Division of the Supreme Court of the State of New York · 1942
- Drucklieb v. HarrisNew York Supreme Court · 1914