Legal Opinion

Rosenthal v. Rudnick

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

Decided November 15, 1901PublishedCited by 2 opinions

Appeal from municipal court of New York. Action by Charles Rosenthal against Jacob Rudnick and another. From a judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtHirschberg, J.

The complaint was dismissed upon the trial upon the ground that it does not state facts sufficient to constitute a cause of action. The complaint alleges, in substance, that A. Meyers & Sons Company was and is a domestic corporation, and the defendants were and are copartners resident and doing business in the city of New York; that on February 16, 1901, the defendants commenced an action against the corporation in the municipal court to recover $81.38, claimed to be due for goods sold and delivered; that thereafter, and before the return day of the summons, the corporation compromised and…

2Cases cited3 opinions

  1. Brown v. PowersAppellate Division of the Supreme Court of the State of New York · 1900
  2. Deach v. PerryNew York Supreme Court · 1889
  3. Bellows v. FolsomThe Superior Court of New York City · 1864

3Cited by2 opinions

  1. Morris v. ByrdDistrict of Columbia Court of Appeals · 1957
  2. Rosenthal v. RudnickAppellate Division of the Supreme Court of the State of New York · 1902

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