Williamson v. Wager
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mortimer H. Wager, as president of the Consolidated Stock and Petroleum Exchange of New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York, on the 9tli day of June, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
The following is the opinion of Clarke, J., delivered at Special Term:
Clarke, J.:
This is a suit for an injunction and for damages brought by the plaintiff, as a member, against the defendant, as the president of the Consolidated Stock and Petroleum Exchange of New York. The defendant has demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The particular defect which the defendant points out is that the plaintiff fails to show the existence of rights in himself which he claims have been violated by the defendant, that the only…
2Cases cited15 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Belton v. . HatchNew York Court of Appeals · 1888
- Allen v. . PattersonNew York Court of Appeals · 1852
- Baxter v. . McDonnellNew York Court of Appeals · 1898
- Turner v. WhiteCalifornia Supreme Court · 1887
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3Cited by3 opinions
- Williamson v. RandolphNew York Supreme Court · 1905
- County of Orange v. EllsworthAppellate Division of the Supreme Court of the State of New York · 1904
- Empire Plexiglass Corp. v. Enterprise Industries, Inc.City of New York Municipal Court · 1947