Kraemer v. World Wide Trading Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick J. Kraemer, 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 5th day of October, 1920, denying his motion for judgment on the pleadings and granting defendant’s counter motion for judgment sustaining its demurrer to the complaint for insufficiency and dismissing the complaint.
1Opinion of the Court
Laughlin, J.:
The complaint shows that the plaintiff has a cause of action against the defendant for a balance on account of one-half the commissions received by it from the Empresa Naviera de Cuba, a foreign corporation, for negotiating the purchase by it of four steamships. It is, however, framed in equity and, therefore, on demurrer the sufficiency thereof depends upon whether or not it shows an equitable cause of action (Gosselin Corporation v. Mario Tapparelli fu Pietro, Inc., 191 App. Div. 580; Spring v. Fidelity Mutual Life Ins. Co., 183 id. 134; Consolidated Rubber Tire Co. v.…
2Cases cited7 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Valdes v. LarrinagaSupreme Court of the United States · 1914
- Thomas v. SchumacherAppellate Division of the Supreme Court of the State of New York · 1897
- May v. Hettrick Bros.Appellate Division of the Supreme Court of the State of New York · 1917
- A. L. Gosselin Corp. v. Mario Tapparelli fu Pietro of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nelson v. AbrahamCalifornia Supreme Court · 1947
- Ramirez v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1981
- Forman v. LummAppellate Division of the Supreme Court of the State of New York · 1925
- Moen v. ThompsonNew York Supreme Court · 1946
- Chapman v. DwyerCourt of Appeals for the Second Circuit · 1930
2 more not listed; retrieve them via the Exa API.