Kellner v. Kener

Appellate Division of the Supreme Court of New York

Kellner v. Kener

209 A.D. 844

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

DecidedMay 15, 1924

StatusPublished

This text of 209 A.D. 844 (Kellner v. Kener) 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

Kellner v. Kener, 209 A.D. 844 (N.Y. Ct. App. 1924).

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Opinion

Per Curiam:

This court in Kellner v. Kener (190 App. Div. 927) held the contract set forth in the complaint invalid. The judgment of this court was affirmed by the Court of Appeals (234 N. Y. 521). In the orderly administration of justice we are constrained to hold the same contract invalid here. Consequently the complaint fails to state facts sufficient to constitute a cause of action. The judgment and order should be affirmed, with costs. All concur; Hubbs, P. J., not sitting. Judgment and order affirmed, with costs.

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Per Curiam:

This court in Kellner v. Kener (190 App. Div. 927) held the contract set forth in the complaint invalid. The judgment of this court was affirmed by the Court of Appeals (234 N. Y. 521). In the orderly administration of justice we are constrained to hold the same contract invalid here. Consequently the complaint fails to state facts sufficient to constitute a cause of action. The judgment and order should be affirmed, with costs. All concur; Hubbs, P. J., not sitting. Judgment and order affirmed, with costs.

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Bluebook (online)

209 A.D. 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellner-v-kener-nyappdiv-1924.

Opinion

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