Jones v. Gould
Appellate Division of the Supreme Court of the State of New York
Appeal by defendants, George J. Gould and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York, denying the defendants’ motion to dismiss the complaint; and also an appeal by plaintiff from the same order in so far as. it denies his motion to amend the summons and complaint.
1Opinion of the Court
Laughlin, J.:
On a former appeal herein this court analyzed the complaint and unanimously expressed the opinion that it does not state a cause of action, and although other points considered in the opinion required a reversal of the judgment, it is evident that the opinion expressed concerning the sufficiency of the complaint was delivered after careful consideration of the question. (See Jones v. Gould, No. 2, 123 App. Div. 236.) If the complaint be insufficient nothing is to be gained by a long expensive trial, and the action may as well be disposed of in advance. Under the former practice…
2Cases cited2 opinions
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1908
- Montgomery v. BoydAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- Schleissner v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1909
- Longenecker v. Longenecker Bros.New York Supreme Court · 1913
- Realty Associates v. HoageAppellate Division of the Supreme Court of the State of New York · 1910
- Hoey v. KilduffAppellate Terms of the Supreme Court of New York · 1910
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1911
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