Falk v. Hoffman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur Falk, from an order of the Supreme Court, made at the New York . Special Term and entered in the office of the clerk of the county of New York on the 26th day of March, 1919, denying plaintiff’s motion for judgment on the pleadings, and sustaining a demurrer to the complaint with leave to plaintiff to serve an amended complaint.
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Appeal by the plaintiff, Arthur Falk, from an order of the Supreme Court, made at the New York . Special Term and entered in the office of the clerk of the county of New York on the 26th day of March, 1919, denying plaintiff’s motion for judgment on the pleadings, and sustaining a demurrer to the complaint with leave to plaintiff to serve an amended complaint. And also an appeal is taken from the interlocutory judgment entered in said clerk’s office on the 29th day of March, 1919, pursuant to said order.
1Dissent
Smith, J. (dissenting):
The plaintiff and the two defendants were the owners of all the stock of the Falle Tobacco Company. Apparently the two defendants were active in the management of the company, while the plaintiff was not. There had been negotiations for the sale of all of this stock to the Tobacco Products Corporation. One of the defendants was the plaintiff’s brother and the other an old employee who had been taken into the business, in both of whom the plaintiff had full confidence. The defendants falsely represented to the plaintiff that the sale to the Tobacco Products Corporation…
2Cases cited5 opinions
- Hammond v. . PennockNew York Court of Appeals · 1874
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- McManus v. DurantAppellate Division of the Supreme Court of the State of New York · 1915
- Schafuss v. BettsNew York Supreme Court · 1916
- Schafuss v. BettsAppellate Division of the Supreme Court of the State of New York · 1916