Hyperlawhypertext legal database John A. Eckert & Co. v. Baumgarten 121 N.Y.S. 1137

← Cases

John A. Eckert & Co. v. Baumgarten

121 N.Y.S. 1137 Court N.Y. App. Term Decision date 1910-02-15 English

Contents

Majority

p. 1137
JOHN A. ECKERT & CO. v. BAUMGARTEN.
(Supreme Court, Appellate Term.
February 15, 1910.)

Headnote

Appeal from City Court of New York, Trial Term. Action by John A. Eckert & Co. against Emil Baumgarten, as surviving partner of William Baumgarten & Co. From an order denying defendant’s motion for judgment on the pleadings, he appeals.
Affirmed.
John G. Jackson, for appellant.
Sproull, Harmer & Sproull, for respondents.

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.