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17 Jones & S. 540

Goodwin v. Wertheimer

The Superior Court of New York City

Decided December 3, 1883

The Superior Court of New York City · decided 1883-12-03

<p>Appeal from judgment dismissing complaint with costs.</p>

Decided 1883-12-03

¶1Freedman, 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. '

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