# Weldon v. Brown

> Appellate Division of the Supreme Court of the State of New York · January 15, 1904 · 89 A.D. 586

URL: https://www.frixlaw.com/law-library/cases/5194343

## Case

- **Full name:** Walter S. Weldon v. James N. Brown and Henry R. Wilson
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 15, 1904
- **Citations:** 89 A.D. 586; 85 N.Y.S. 599
- **Precedential status:** Published
- **Opinion:** Dissent by Brunt
- **Judges:** Brunt, Ingraham
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5194343

## Opinion text

Van Brunt, P. J. (dissenting) :
Under the provisions of the Code (§ 968), the plaintiff was clearly entitled to attempt to try this case as an action at law. If he could not establish any claim without equitable relief, his complaint should be dismissed. (Glenn v. Lancaster, 109 N. Y. 642 .)
Order affirmed, with ten dollars costs and disbursements.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5194343. Public record. Not legal advice.