Legal Opinion

Gomez v. Gomez

New York Supreme Court

Decided November 16, 1894PublishedCited by 9 opinions

Appeal from special term, New York county. Action by Edwin Gomez and others against Horatio Gomez, trustee, and others. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals.

1Opinion of the CourtParker, J.

This suit is brought on the equity side of the court to obtain an adjudication that certain of the defendants are not en*207titled, as matter of law, to a renewal for 21 years of the five several leases described in the complaint, and to restrain the defendant Horatio Gomez from executing to the other defendants a renewal of such leases. The special term sustained the demurrer interposed by the defendants, the ground of which is “that the complaint does not state facts sufficient to constitute a cause of action.” Such of the facts as are necessary to present the principal questions discussed on…

2Cases cited5 opinions

  1. Cuthbert v. . ChauvetNew York Court of Appeals · 1893
  2. Watkins v. . ReynoldsNew York Court of Appeals · 1890
  3. Kearney v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
  4. Newcomb v. KetteltasNew York Supreme Court · 1855
  5. In re McCaffrey's EstateNew York Supreme Court · 1888

3Cited by9 opinions

  1. Hubbell v. HubbellSupreme Court of Iowa · 1907
  2. Lee v. OatesSupreme Court of North Carolina · 1916
  3. Lee v. . OatesSupreme Court of North Carolina · 1916
  4. Friedberg v. SchultzAppellate Court of Illinois · 1941
  5. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

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