Smith v. Leo
New York Supreme Court
Appeal from circuit court, Tompkins county. Action by Clarence G. T. Smith against Leopold Leo, to recover damages for the wrongful expulsion of plaintiff from a hall. From a judgment entered on a v.erdict in favor of plaintiff, and from an order denying a motion for a new trial made on a case and exceptions, defendant appeals.
1Opinion of the CourtMerwin, J.
There are two questions that may be considered in this case—First, whether the complaint is sufficient; and, second, whether the court erred on the subject of damages.
1. The complaint is somewhat indefinite. Still, its allegations are to be liberally construed, with a view to substantial justice. Code Civ. Proc. § 519. And it has been said that less strictness should be observed in considering objections to the complaint not made until the trial than if they were raised by demurrer. St. John v. Northrup, 23 Barb. 26. Facts may be impliedly averred. Marie v. Garrison, 83 N. Y. 23. In the…
2Cases cited5 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Buck v. WebbNew York Supreme Court · 1890
- Magoverning v. StaplesNew York Supreme Court · 1873
- MacGowan v. DuffNew York Court of Common Pleas · 1887
3Cited by10 opinions
- Johnson v. Jamaica HospitalNew York Court of Appeals · 1984
- Aaron v. . WardNew York Court of Appeals · 1911
- Ray v. Cortland & Homer Traction Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Cohen v. Varig Airlines, S.A. Empresa De Viacao Aerea Rio GrandenseCivil Court of the City of New York · 1975
- Shubert v. Nixon Amusement Co.Supreme Court of New Jersey · 1912
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