Meyerson v. Franklin Knitting Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isidore Meyerson, 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 23d day of May, 1918, granting defendant’s motion for judgment on the pleadings, consisting of a complaint and the demurrer thereto, and sustaining the demurrer on the ground that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Shearn, J.:
The action is based upon a written contract and the deter- ■ mination of the appeal turns upon a proper construction of the agreement. The contract recites that the parties are interested in the Smart Set Specialty Clothing Company, Inc., a domestic corporation, as sole stockholders and as creditors; that the clothing company’s business is manufacturing clothing from knit cloth manufactured by the defendant; that the defendant desires to continue selling to the clothing company, and that the plaintiff desires to purchase the defendant’s capital stock in the clothing company.…
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- Kinealy v. O'ReillyArizona Supreme Court · 1925
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