Hoeppner v. Dunkirk Printing Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEdgcomb, J.
The court below has dismissed the complaints in the two actions between the above-named parties, upon the ground that they do not state facts sufficient to constitute a cause of action. The appeal brings up for review the correctness of such ruling. In determining the question thus presented, we are not perplexed oy the possibility that the plaintiff may be unable to prove upon the trial all that he has set up in his pleadings. We may accept without reservation the truth of all the allegations of the complaint. If we do this, and if we give to the pleadings the liberal construction called for…
2Cases cited9 opinions
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Ashcroft v. . HammondNew York Court of Appeals · 1910
- Ben-Oliel v. Press Publishing Co.New York Court of Appeals · 1929
- Belknap v. BallMichigan Supreme Court · 1890
- Haynes v. Clinton Printing Co.Massachusetts Supreme Judicial Court · 1897
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