Benjamin v. First Citizens Bank & Trust Co.

Appeal from order granting motion to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action, and from the judgment entered thereon. Plaintiff’s assignor, a resident of South Africa, came to New York, at the instance of defendant, to attend an auction which had been advertised for the sale of certain valuable stamps. The sale was to be without reserve. It did not take place. In the catalogue which was sent to plaintiff’s assignor, references were made to foreign buyers. Plaintiff sought as damages his expenses and loss of time. The complaint…