Barney & Smith Car Co. v. Syracuse Rapid Transit Railway Co.

New York Supreme Court

Barney & Smith Car Co. v. Syracuse Rapid Transit Railway Co.

24 Misc. 169, 53 N.Y.S. 528

DecidedJune 15, 1898

StatusPublished

This text of 24 Misc. 169 (Barney & Smith Car Co. v. Syracuse Rapid Transit Railway Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barney & Smith Car Co. v. Syracuse Rapid Transit Railway Co., 24 Misc. 169, 53 N.Y.S. 528 (N.Y. Super. Ct. 1898).

Pincite

Opinion

Hiscock, J.

This is an action to recover damages claimed to have been sustained through the alleged fraudulent acts, and conspiracy of the defendants, whereby they obtained from :the plaintiff, without paying therefor, a large amount of street cars.

The purposes which defendants sought to accomplish by obtaining these cars, and the reasons why they formed the. plan of so doing, as claimed, are set forth quite fully in paragraph 11 of the. complaint. 1

I think it would be proper for plaintiff to prove the facts set forth in the paragraphs attacked by this motion as bearing upon, the probability of, and furnishing a reason and basis for the purposés alleged at said paragraph 11 to have been formed by the defendants. At least I do not regard it so plainly established that the allegations in question set forth facts which will be immaterial in an action of this character where the proofs are apt to take a wide range, that they should be stricken out upon this preliminary motion.

The motion is, therefore, denied, with $10 costs to plaintiff, to abide the event.

Motion denied, with $10 costs to plaintiff, to abide event.

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Hiscock, J.

This is an action to recover damages claimed to have been sustained through the alleged fraudulent acts, and conspiracy of the defendants, whereby they obtained from :the plaintiff, without paying therefor, a large amount of street cars.

The purposes which defendants sought to accomplish by obtaining these cars, and the reasons why they formed the. plan of so doing, as claimed, are set forth quite fully in paragraph 11 of the. complaint. 1

I think it would be proper for plaintiff to prove the facts set forth in the paragraphs attacked by this motion as bearing upon, the probability of, and furnishing a reason and basis for the purposés alleged at said paragraph 11 to have been formed by the defendants. At least I do not regard it so plainly established that the allegations in question set forth facts which will be immaterial in an action of this character where the proofs are apt to take a wide range, that they should be stricken out upon this preliminary motion.

The motion is, therefore, denied, with $10 costs to plaintiff, to abide the event.

Motion denied, with $10 costs to plaintiff, to abide event.

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Bluebook (online)

24 Misc. 169, 53 N.Y.S. 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barney-smith-car-co-v-syracuse-rapid-transit-railway-co-nysupct-1898.