Farrell v. Archibald

Appellate Division of the Supreme Court of New York

Farrell v. Archibald

180 A.D. 881

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1917

StatusPublished

This text of 180 A.D. 881 (Farrell v. Archibald) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farrell v. Archibald, 180 A.D. 881 (N.Y. Ct. App. 1917).

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Opinion

Scott, J.:

The complaint clearly states no cause of action whatever. It alleges that defendant had acted as broker in the purchase and sale of other pieces of real estate, but does not allege that he acted therein for plaintiff, or that he acted as broker for plaintiff in the particular transaction complained of. The motion for judgment on the pleadings should have been granted. The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within twenty days upon payment of the aforesaid costs. Clarke, P. J., Dowling, Smith and Page, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve amended complaint on payment of said costs.

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Scott, J.:

The complaint clearly states no cause of action whatever. It alleges that defendant had acted as broker in the purchase and sale of other pieces of real estate, but does not allege that he acted therein for plaintiff, or that he acted as broker for plaintiff in the particular transaction complained of. The motion for judgment on the pleadings should have been granted. The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to plaintiff to serve an amended complaint within twenty days upon payment of the aforesaid costs. Clarke, P. J., Dowling, Smith and Page, JJ., concurred. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to serve amended complaint on payment of said costs.

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Bluebook (online)

180 A.D. 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrell-v-archibald-nyappdiv-1917.