Goodwin v. Wertheimer

The Superior Court of New York City

Goodwin v. Wertheimer

17 Jones & S. 540

The Superior Court of New York City·Decided December 3, 1883·Published

Opinion

Freedman, J., wrote: “As to the merits this court has already decided (49 Super. Ct. 101) that the plaintiffs cannot recover against the defendant Wertheimer except upon proof of a demand of the property and a refusal by Wertheimer to comply. Upon the trial now under review the plaintiffs failed to supply this proof and hence the complaint was properly dismissed as to Wertheimer.” O’Gorman, J., concurred. Judgment affirmed, with costs. '

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Freedman, J., wrote: “As to the merits this court has already decided (49 Super. Ct. 101) that the plaintiffs cannot recover against the defendant Wertheimer except upon proof of a demand of the property and a refusal by Wertheimer to comply. Upon the trial now under review the plaintiffs failed to supply this proof and hence the complaint was properly dismissed as to Wertheimer.” O’Gorman, J., concurred. Judgment affirmed, with costs. '

Goodwin v. Wertheimer, 17 Jones & S. 540 (N.Y. Super. Ct. 1883).

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