Chappell v. Dewey

The plaintiff moves, pursuant to rule 109 of the Rules of Civil Practice, to dismiss the special defenses contained in the answers of the defendants Dewey and Hogan as insufficient in law.

The complaint alleges three causes of action; the first and second are in tort and the third in contract. In brief, the first cause of action alleges that the plaintiff, owner of certain premises, was fraudulently induced to lease the same to the defendant John Doe in furtherance and performance of an agreement and conspiracy among the three defendants. The second cause of action is a variation of the first…