Neudecker v. . Kohlberg
New York Court of Appeals
Appeal from judgment of the General Term of the Oourt of Common Pleas, in and for the county of Hew York, affirming a judgment in favor of plaintiff entered a verdict. This -action was brought to recover damages alleged to have been sustained by plaintiff by reason of a conspiracy on the part of defendants. . ■ The substance of the pleadings and the material facts appear in the opinion. Plaintiff had no substantial cause of action. (Hale v. Omaha Nat.
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Appeal from judgment of the General Term of the Oourt of Common Pleas, in and for the county of Hew York, affirming a judgment in favor of plaintiff entered a verdict. This -action was brought to recover damages alleged to have been sustained by plaintiff by reason of a conspiracy on the part of defendants. . ■ The substance of the pleadings and the material facts appear in the opinion. Plaintiff had no substantial cause of action. (Hale v. Omaha Nat. Bank, 64 N. Y. 550.) The alleged agreement by Rosenbaum to lend Kohlberg’s capital to him for two years, which was denied, not being in…
1Opinion of the CourtDanforth, J.
Upon various grounds I think this appeal must stand. The plaintiff was required to state in his complaint the facts constituting his cause of action; in other words, the facts upon which his right depended, and the facts which constituted the defendants’ wrongful act. He assumed to do so. If no answer had been put in, he would have been entitled to judgment. And why? He alleged the existence of a co-partnership between himself and the defendant Kohlberg, under the firm name of L. H. Heudecker & Co., by virtue of written articles entered into April 1, 1867; the transaction of a prosperous…
2Cases cited6 opinions
- Bagley v. . SmithNew York Court of Appeals · 1853
- Lucas v. BrooksSupreme Court of the United States · 1873
- Degraw v. . ElmoreNew York Court of Appeals · 1872
- Leggett v. . the Bank of Sing SingNew York Court of Appeals · 1862
- Hale v. . Omaha National BankNew York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918
- Patterson v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Nathan v. WoolvertonNew York Supreme Court · 1910
- In re Brooklyn Trust Co.New York Supreme Court · 1936
22 more not listed; retrieve them via the Exa API.