John A. Eckert & Co. v. Baumgarten

Appellate Terms of the Supreme Court of New York

John A. Eckert & Co. v. Baumgarten

121 N.Y.S. 1137

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1910

StatusPublished

This text of 121 N.Y.S. 1137 (John A. Eckert & Co. v. Baumgarten) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John A. Eckert & Co. v. Baumgarten, 121 N.Y.S. 1137 (N.Y. Ct. App. 1910).

Pincite

Opinion

PER CURIAM.

The order denying the defendant’s motion for judgment on the pleadings upholds the sufficiency of the complaint. We think the order appealed from was correct. Whether the plaintiffs upon the trial can prove the damages alleged is a matter which we cannot determine from a mere inspection of the complaint. The allegations of- the complaint are sufficient to entitle them to an opportunity to do so. Order affirmed, with $10 costs and disbursements.

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PER CURIAM.

The order denying the defendant’s motion for judgment on the pleadings upholds the sufficiency of the complaint. We think the order appealed from was correct. Whether the plaintiffs upon the trial can prove the damages alleged is a matter which we cannot determine from a mere inspection of the complaint. The allegations of- the complaint are sufficient to entitle them to an opportunity to do so. Order affirmed, with $10 costs and disbursements.

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Bluebook (online)

121 N.Y.S. 1137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-a-eckert-co-v-baumgarten-nyappterm-1910.