Legal Opinion

Frank Gilbert Paper Co. v. Prankard

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1923PublishedCited by 20 opinions

1Opinion of the Court

Van Kirk, J.:

The complaint is here to have it determined whether a cause of action is stated. All the facts alleged, together with all fair inferences therefrom, are admitted, but the conclusions averred, the inferences drawn by the pleader, or the charges of fraud or illegality not supported by facts alleged, are not admitted. (Greeff v. Equitable Life Assur. Society, 160 N. Y. 19, 29; Meyers v. City of New York, 58 App. Div. 534.)

The receiver was not appointed at the time the action was begun *85and he has not appealed. In referring to the plaintiff herein we mean the corporation.

The complaint…

2Cases cited14 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Brackett v. . GriswoldNew York Court of Appeals · 1889
  3. Sage v. . CulverNew York Court of Appeals · 1895
  4. Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
  5. Schantz v. . OakmanNew York Court of Appeals · 1900

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Block v. MageeAppellate Division of the Supreme Court of the State of New York · 1989
  2. Bisbee v. Midland Linseed Products Co.Court of Appeals for the Eighth Circuit · 1927
  3. In re the Estate of KirkmanNew York Surrogate's Court · 1932
  4. Kimmel Sales Corp. v. LausterNew York Supreme Court · 1938
  5. Mannheimer v. KeehnNew York Supreme Court · 1943

15 more not listed; retrieve them via the Exa API.

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