A. L. Gosselin Corp. v. Mario Tapparelli fu Pietro of America, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mario Tapparelli fu Pietro of America, Inc., 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 1st day of December, 1919, overruling the demurrer to the complaint and granting plaintiff’s motion for judgment on the pleadings, consisting of an amended complaint and the demurrer.
1Opinion of the Court
Page, J.:
In my opinion the complaint in this action does not state facts sufficient to constitute a cause of action for equitable relief. My brother Laughlin has presented a careful analysis of the complaint, which will render it necessary to present only some of the salient allegations in this opinion. As he states, the determining factor is the contract between the plaintiff and the defendant Mario Tapparelli fu Pietro of America, Inc. (hereinafter called Tapparelli, Inc.). The demurrer admits the contract but does not admit the conclusion of the pleader as to its legal effect, and where…
2Cases cited10 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Wright v. EllisonSupreme Court of the United States · 1864
- Rubin v. SiegelAppellate Division of the Supreme Court of the State of New York · 1919
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
- Bacon v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Terner v. Glickstein & Terner, Inc.New York Court of Appeals · 1940
- Moen v. ThompsonNew York Supreme Court · 1946
- Kelly v. Central Hanover Bank & Trust Co.District Court, S.D. New York · 1935
- Kaston v. Nathan Zimmerman & George Orlove & Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Kraemer v. World Wide Trading Co.Appellate Division of the Supreme Court of the State of New York · 1921
6 more not listed; retrieve them via the Exa API.