Legal Opinion

Smyrna Theatre Co. v. Missir

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1921PublishedCited by 6 opinions

Appeal by the defendant, Charles J. Missir, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 26th day of March, 1921, granting plaintiff’s motion for judgment on the pleadings.

Read the full summary

Appeal by the defendant, Charles J. Missir, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 26th day of March, 1921, granting plaintiff’s motion for judgment on the pleadings. Order granting plaintiff’s motion for judgment affirmed, with ten dollars costs and disbursements (with leave within twenty days to withdraw demurrer and to answer on payment of costs), upon the opinion of Mr. Justice Kelby at Special Term. Blackmar, P. J., Mills, Putnam, Kelly and Jaycox, JJ.,' concur.

1Opinion of the Court

The following is the opinion of the court below:

Kelby, J.:

Motion by the plaintiff for judgment on the demurrer to the amended complaint. A similar motion is made in the case of American-Oriental Ice Manufacturing Company against this defendant, in which ease the facts are generally similar, and the same general considerations serve to decide both motions. It appears from the complaint that the plaintiff is a New York corporation and the defendant an American citizen; that some years ago he executed in this State a declaration of trust in favor of the plaintiff in respect to the title and…

2Cases cited4 opinions

  1. Chase v. Knickerbocker Phosphate Co.Appellate Division of the Supreme Court of the State of New York · 1898
  2. Fernandez v. FernandezAppellate Division of the Supreme Court of the State of New York · 1897
  3. Lucia Mining Co. v. EvansAppellate Division of the Supreme Court of the State of New York · 1911
  4. Stannard v. Atlantic Terra Cotta Co.Appellate Division of the Supreme Court of the State of New York · 1910

3Cited by6 opinions

  1. Amey v. Colebrook Guaranty Sav. BankCourt of Appeals for the Second Circuit · 1937
  2. MDO Development Corp. v. KellyDistrict Court, S.D. New York · 1990
  3. Weiss v. WeissAppellate Division of the Supreme Court of the State of New York · 1992
  4. O'Hayer v. de St. AubinNew York Supreme Court · 1964
  5. Sarrica v. SarricaAppellate Division of the Supreme Court of the State of New York · 1973

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API