Legal Opinion
Dyer v. MacDougall
District Court, E.D. New York
Decided October 30, 1950No. Civ. A. 11011PublishedCited by 5 opinions
1Opinion of the Court
GALSTON, District Judge.
The defendant, Albert Edward MacDougall,- moves to dismiss the first, second, third, fourth and seventh causes of action on the grounds that they fail to state claims upon which relief can be granted against this defendant.
The defendants are husband and wife, and reside in the Eastern District of New York. The plaintiff is a citizen of Missouri. Jurisdiction is, therefore, based upon diversity, of citizenship. The sufficiency of each of the alleged causes of action is thus governed by the law of' the State of New York, Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58…
2Cases cited15 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
- Ostrowe v. LeeNew York Court of Appeals · 1931
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
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3Cited by5 opinions
- Medcalf v. WalshDistrict Court, S.D. New York · 2013
- Sexter & Warmflash, P.C. v. MargrabeAppellate Division of the Supreme Court of the State of New York · 2007
- Bennett v. SeimillerSupreme Court of Kansas · 1954
- Haffel v. United States Lines Co.District Court, S.D. New York · 1953
- Romer v. PortnickCivil Court of the City of New York · 1974