Security Title & Trust Co. v. Stewart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James 0. Stewart, 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 16th day of May, 1912, denying the defendant’s motion for judgment on the pleadings.
1Opinion of the Court
Laughlin, J.:
The only point presented by the appeal is whether the complaint states facts sufficient to constitute a cause of action, for that is the sole ground upon which the motion for judgment upon the pleadings was made. .
*435The action is brought on an assigned claim of the Prudential Finance Company to recover the sum of $12,500, the consideration which it is alleged the defendant agreed to pay plaintiff’s assignor on a subscription for 10,000 shares of the capital stock of the La Luz Mining and Tunnel Company. It was conceded at Special Term and is conceded on the appeal, that the theory…
2Cases cited6 opinions
- Beecher v. . ConradtNew York Court of Appeals · 1855
- Booth v. MillikenAppellate Division of the Supreme Court of the State of New York · 1908
- Kohlmetz v. CalkinsAppellate Division of the Supreme Court of the State of New York · 1897
- Booth v. . MillikenNew York Court of Appeals · 1909
- Levy v. . BurgessNew York Court of Appeals · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Feldman v. Ken Coats, Inc.New York Supreme Court · 1948