Congregation Kehal Adath Jeshurun M'Yassy v. Universal Building & Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Congregation Kehal ‘Adath Jeshurun M’Yassy, from a judgment of the Supreme Court in favor of the defendant bearing date the 5th day of May, 1909, and entered in the office of the clerk of the county of Hew York upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Houghton, J.:
The complaint was dismissed on the opening of counsel for the plaintiff, on the ground that there was no contract in writing signed by the defendant.
From the allegations of the complaint and the statement of what the plaintiff proposed to prove thereunder, it appears that the plaintiff is a religious corporation and that the defendant, a business corporation, is composed wholly of members thereof; that the defendant held a mortgage on property owned by the plaintiff in process of foreclosure; that an ineffectual attempt was made to pay the plaintiff’s debts, including the claim…
2Cases cited3 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Canda v. . TottenNew York Court of Appeals · 1898
- Mackall v. OlcottAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- Rizika v. KowalskyNew York Supreme Court · 1954
- Fletcher v. Manhattan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Peppard Realty Co. v. EmdonAppellate Division of the Supreme Court of the State of New York · 1925
- Le Fevre v. Reliable Paint Supply Co.City of New York Municipal Court · 1934
- Goldman v. CohenAppellate Division of the Supreme Court of the State of New York · 1915
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