Wallach v. Dryfoos
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sidney Wallach, as executor and trustee, etc., 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 26th day of September, 1910, denying the plaintiff’s motion for judgment on the pleadings pursuant to section 547 of the Code of Civil Procedure.
1Opinion of the Court
Scott, J.:
Appeal from an order denying plaintiff’s motion for judgment on the pleadings. The motion tests the sufficiency of a demurrer to the complaint interposed by the defendant Milton M. Dryfoos, individually.
The plaintiff and the defendants are the executors and trustees under the last will and testament of Karl M. Wallach, deceased, and it is manifest that their relations are inharmonious. The complaint contains eight causes of action, each of which alleges that the testator in his lifetime had loaned certain sums of money to the defendant Dryfoos. The first cause of action sets forth…
2Cases cited7 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Allen v. . PattersonNew York Court of Appeals · 1852
- Goodman v. . AlexanderNew York Court of Appeals · 1901
- Smith v. . HolmesNew York Court of Appeals · 1859
- McGregor v. . McGregorNew York Court of Appeals · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- American-La France-Foamite Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1960
- Golding v. GottesmanAppellate Division of the Supreme Court of the State of New York · 2007
- Le May v. FrankelAppellate Division of the Supreme Court of the State of New York · 1981
- Dolcater v. Manufacturers & Traders Trust Co.Court of Appeals for the Second Circuit · 1939
- Minevitch v. PuleoAppellate Division of the Supreme Court of the State of New York · 1959
8 more not listed; retrieve them via the Exa API.