Gabriel v. Graham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Wallace Gabriel, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of May, 1915, upon a dismissal of the complaint by direction of the court at the opening of the case and before any evidence had been received.
1Opinion of the Court
Dowling, J.:
The .defendants motion to. dismiss. the ..complaint hergin was granted.by.theirial court before, any evidence wasintroduead, *848on the ground that “there is not in this pleading sufficient to-sustain the action.” The complaint sets forth a cause of action in fraud, based on allegations that in April, 1911, defendant (with whom plaintiff had become acquainted while a customer of William P. Bonbright & Co., brokers, by whom defend- ' ant was employed as an assistant cashier), with intent to cheat and defraud the plaintiff, stated to him that “ he was about to enter into a brokerage…
2Cases cited4 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- Kley v. . HealyNew York Court of Appeals · 1891
- Fox v. DuffyAppellate Division of the Supreme Court of the State of New York · 1904
- Jones v. JonesNew York Supreme Court · 1903
3Cited by7 opinions
- Bailey v. Diamond International Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Pease & Elliman, Inc. v. WegemanAppellate Division of the Supreme Court of the State of New York · 1928
- Scaroon Manor Operating Corp. v. W. P. & L. Realty Corp.New York Supreme Court · 1930
- Douglas L. Elliman & Co. v. LantzounisNew York Supreme Court · 1961
- Fay v. MoehlenpahNew York Supreme Court · 1930
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