Gray v. Rothschild

New York Court of Appeals

Gray v. Rothschild

2 Silv. Ct. App. 142, 20 N.Y. St. Rep. 789

DecidedJanuary 29, 1889

StatusPublished

This text of 2 Silv. Ct. App. 142 (Gray v. Rothschild) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gray v. Rothschild, 2 Silv. Ct. App. 142, 20 N.Y. St. Rep. 789 (N.Y. 1889).

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Opinion

Danforth, J.

It may very well be that each plaintiff has a good cause of action against the defendants, but the plaintiffs have none common to all or jointly with each other. Each individual and each firm may have been defrauded by similar, although not the same, representations, [143]*143"but the complaint shows that each has suffered separately, and its whole scope and meaning is inconsistent with the idea that the plaintiffs, or any two or more of them, are jointly prejudiced. As the objection appears upon the face ¿of the complaint, the demurrer was well taken.

The judgment should be affirmed.

All concur.

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Danforth, J.

It may very well be that each plaintiff has a good cause of action against the defendants, but the plaintiffs have none common to all or jointly with each other. Each individual and each firm may have been defrauded by similar, although not the same, representations, [143]*143"but the complaint shows that each has suffered separately, and its whole scope and meaning is inconsistent with the idea that the plaintiffs, or any two or more of them, are jointly prejudiced. As the objection appears upon the face ¿of the complaint, the demurrer was well taken.

The judgment should be affirmed.

All concur.

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Bluebook (online)

2 Silv. Ct. App. 142, 20 N.Y. St. Rep. 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-rothschild-ny-1889.