Flynn v. . Brooklyn City R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10,1896, affirming a judgment entered on an order of the Special Term which dismissed the complaint upon the opening.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 10,1896, affirming a judgment entered on an order of the Special Term which dismissed the complaint upon the opening. This action was brought by the plaintiff as a stockholder of The Brooklyn City Railroad Company to set aside a lease made by it to The Brooklyn Heights Railroad Company, to compel the retransfer of all the property that passed "under the lease and for an accounting by the lessee to the lessor. The record shows that the counsel for the plaintiff opened the…
1Opinion of the CourtVann, J.
For the purpose of this appeal such facts as could properly have been proved under the allegations of the complaint, when supported by reasonable implication and fair intendment, must be accepted as true, and, in connection with the admissions made upon the opening, must be treated as the facts of the case upon which the rights of the parties depend. (Marie v. Garrison, 83 N. Y. 14; Kley v. Healy, 127 N. Y. 555 ; Sage v. Culver, 147 N. Y. 241, 245.) The question of primary importance is whether those facts constitute a cause of action against the defendants upon the merits, although due…
2Cases cited10 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Sage v. . CulverNew York Court of Appeals · 1895
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
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3Cited by87 opinions
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- Niles v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
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