Standard Fashion Co. v. Siegel-Cooper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Standard Fashion Oompany, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the-county of New York on the 14th day of February, 1898, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendants’ demurrers to the complaint.
Read the full summary
Appeal by the plaintiff, The Standard Fashion Oompany, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the-county of New York on the 14th day of February, 1898, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendants’ demurrers to the complaint. This suit was brought in equity to enjoin the violation of certain negative covenants, and to decree the specific performance of certain affirmative covenants, contained in a written agreement entered into between the plaintiff…
1Opinion of the Court
O’Brien, J.:
The contention that it does not appear from the complaint that there is no adequate remedy at law, we do not think is sustained; for, whatever may be the rule as to the extent of proof which in support of that allegation the plaintiff must present upon the trial, a more liberal rule must be indulged in in determining the sufficiency of the complaint upon demurrer. It is in effect alleged *568that the plaintiff has no adequate remedy at law, and that is sufficient.
The further contention that the contract relied upon is not one which the court can decree should be specifically…
2Cases cited4 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- P.P. C.I.R.R. Co. v. . C.I. B.R.R. Co.New York Court of Appeals · 1894
- Fargo v. New York & New England RailroadNew York Supreme Court · 1893
- New York Bank Note Co. v. Hamilton Bank Note Engraving & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by21 opinions
- Dade Enterprises, Inc. v. Wometco Theatres, Inc.Supreme Court of Florida · 1935
- Gonzales v. Kentucky Derby Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Nokol Company v. BeckerSupreme Court of Missouri · 1927
- Butterick Publishing Co. v. RoseWisconsin Supreme Court · 1910
- Standard Fashion Co. v. Magrane Houston Co.Court of Appeals for the First Circuit · 1919
16 more not listed; retrieve them via the Exa API.