Goodman v. . Alexander
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint herein states facts sufficient to constitute a cause of action.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint herein states facts sufficient to constitute a cause of action. (Abbott’s Trial Ev. [2d ed.] 1012, 1013; Parsons v. Keyes, 43 Tex. 558 ; Lynch v. Johnson, 67 N. W. Rep. 908; Daltons. Gibb, 35 Eng. C. L. 49 ; Tyler on Infancy, 74, 75, 102; 1 Pars, on Cont.…
1Opinion of the Court
Parker, Ch. J.
This case coming on for trial, the court dismissed the complaint on the ground that it did not state facts sufficient to constitute a cause of action, and the judgment entered was affirmed at the Appellate Division.
The complaint alleged :
“ First. That the defendant is an infant of the age of seven years.
“ Second. That the plaintiff, between the 27th day of April, 1893, and the 20th day of June, 1897, both dates inclusive, furnished and supplied the defendant, upon the defendant’s request and implied promise to pay therefor, with board and lodging at Ho. 57 Dey Street, in the…
2Cases cited8 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Trainer v. TrumbullMassachusetts Supreme Judicial Court · 1886
- Wailing v. TollNew York Supreme Court · 1812
- Thrall v. WrightSupreme Court of Vermont · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Matter of StuartNew York Court of Appeals · 1939
- Coler v. Corn Exchange BankNew York Court of Appeals · 1928
- Hatch v. . LeonardNew York Court of Appeals · 1901
- Santasiero v. BriggsAppellate Division of the Supreme Court of the State of New York · 1951
- Marsh v. La MarcoNew York Supreme Court · 1973
24 more not listed; retrieve them via the Exa API.