Appellate Terms of the Supreme Court of New York, 1910

John A. Eckert & Co. v. Baumgarten

John A. Eckert & Co. v. Baumgarten
Appellate Terms of the Supreme Court of New York · Decided February 15, 1910
121 N.Y.S. 1137 (New York Supplement)

Counsel

John G. Jackson, for appellant., Sproull, Harmer & Sproull, for respondents.

John A. Eckert & Co. v. Baumgarten

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.