Hyperlawhypertext legal database Goodwin v. Wertheimer 49 N.Y. Super. Ct. 540

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Goodwin v. Wertheimer

49 N.Y. Super. Ct. 540 17 Jones & S. 540 Court N.Y. Super. Ct. Decision date 1883-12-03 English

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p. 540
Henry G. Goodwin, et al., appellants, v. Leopold Wertheimer, Impleaded, &c., respondent.
Decided December 3, 1883.

Headnote

Appeal from judgment dismissing complaint with costs.
Kelly and MacRae, for
p. 541
appellants; Melville H. Regensburger, for respondent.

Freedman, J., wrote: “As to the merits this court has already decided (49 Super. Ct. 101) that the plaintiffs cannot recover against the defendant Wertheimer except upon proof of a demand of the property and a refusal by Wertheimer to comply. Upon the trial now under review the plaintiffs failed to supply this proof and hence the complaint was properly dismissed as to Wertheimer.” O’Gorman, J., concurred. Judgment affirmed, with costs. '