Cohn v. Goldman
The Superior Court of New York City
The action was brought against Philip Goldman and William Hartman, for a conspiracy, by means of which the plaintiffs were cheated and defrauded out of eight bales of Havana tobacco. The defendant Hartman interposed no defense, and on the trial was plaintiffs’ chief witness.
Read the full summary
The action was brought against Philip Goldman and William Hartman, for a conspiracy, by means of which the plaintiffs were cheated and defrauded out of eight bales of Havana tobacco. The defendant Hartman interposed no defense, and on the trial was plaintiffs’ chief witness. The complaint was as follows : “ The complaint of the plaintiffs in this action avers that at the city of New York, at divers times between the 22nd of October and the 30th of December, 1874, the defendants in this action in concert did, by connivance, conspiracy and combination, cheat and defraud the plaintiffs out of…
1Opinion of the Court
By the Court.—Freedman, J.
—The complaint, in stating without elaboration only the ultimate facts on which plaintiffs rely for a recovery of the damage sustained by them by reason of the conspiracy, nevertheless states a good cause of action (Ynguanzo v. Salomon, 3 Daly, 153).
If the appellant desired greater clearness or particularity, his remedy was by motion to make it more definite and certain. The motion to dismiss the complaint for insufficiency was properly denied. "
At the close of the evidence on both sides it appeared that prior to the commencement of this action the plaintiffs had…
2Cases cited9 opinions
- Creed v. . HartmannNew York Court of Appeals · 1864
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- Wehle v. . ButlerNew York Court of Appeals · 1874
- Osterhout v. RobertsCourt for the Trial of Impeachments and Correction of Errors · 1827
- Peebles v. KittleNew York Supreme Court · 1807
4 more not listed; retrieve them via the Exa API.