Cuppy v. Ward
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hazlitt A. Cuppy, 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 27th day of September, 1918, sustaining demurrers to the complaint interposed by each defendant separately, and directing judgment dismissing the complaint, and also an appeal is taken from the judgment entered in said clerk’s office on the 3d day of October, 1918, pursuant to said order.
1Dissent
Shearn, J. (dissenting):
A general demurrer to a bill in equity “ ■ must be founded upon the absolute, certain and clear proposition that, taking the charges in the bill to be true, the bill would be dismissed at the hearing.’ ” (Standard Fashion Co. v. Siegel-Cooper Co., 157 N. Y. 60.) The essential facts admitted by this demurrer are these:
On March 8, 1911, the plaintiff and the defendant Ward . entered into a. written agreement at the city of New York for the purpose of the acquisition by them of the entire capital stock of the defendant Ideal Cocoa and Chocolate Company, a foreign…
2Cases cited15 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Manson v. . CurtisNew York Court of Appeals · 1918
- King v. . BarnesNew York Court of Appeals · 1888
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
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