Morey v. Schuster
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Casper Schuster and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 25th day of June, 1918, denying said defendants’ motion for judgment on the pleadings.
1Opinion of the Court
Robson, J.:
By moving for judgment on the pleadings defendants, for the purpose of the motion, admit the truth of the facts alleged in plaintiffs’ amended complaint. (Felt v. Germania Life Ins. Co., 149 App. Div. 14.) The broad question here presented then necessarily resolves itself into the inquiry: Does this complaint state facts sufficient to constitute a cause of action against these defendants?
Inspection of the complaint discloses that plaintiffs, who are a copartnership of attorneys, engaged as' such in the practice of their profession, claim an equitable lien for disbursements incurred…
2Cases cited13 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- Hershy v. DuVal & CravensSupreme Court of Arkansas · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re Shirley Duke Associates, Debtor. Bryan Gordon, Jr. (Appellee), Dorothy C. Gordon, Individually, and Ralph C. Mutchler, Jr., and Sam L. Harrell, Trustees v. Shirley Duke Associates, A.P.I. Trust and Shirduke, Inc., Bryan Gordon, Jr. (Appellee), Dorothy C. Gordon, E. M. Bros, Trustee for the Benefit of Orpha L. Bros Estate, Peter K. Bros, Trustee for the Benefit of E. M. Bros Estate and Ralph C. Mutchler, Jr. And Sam L. Harrell, as Trustees v. Shirley Duke Associates, Appeal of Wisehart, Friou & KochCourt of Appeals for the Second Circuit · 1979
- In Matter of Petition of Rosenman & Colin, Appellee-Cross-Appellant, for an Adjudication of Its Rights in the Matter of Sherrier v. Richard. Rosenman & Colin, Cross-Appellant, Julian Sherrier v. Bernice Richard, Defendant-Respondent-Appellant, Cross-AppelleeCourt of Appeals for the Second Circuit · 1988
- Desmond v. SochaAppellate Division of the Supreme Court of the State of New York · 1971
- Goldstein v. 4000 East River Road AssociatesAppellate Division of the Supreme Court of the State of New York · 1978
- Geron v. Schulman (In Re Manshul Construction Corp.)United States Bankruptcy Court, S.D. New York · 1998
10 more not listed; retrieve them via the Exa API.