Hildreth v. Mercantile Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Temí, Suffolk County. Action by Joseph D. Hildreth against the Mercantile Trust Company and others. From an order disposing of a demurrer as frivolous, defendants appeal.
1Opinion of the CourtJenks, J.
We are of opinion that the demurrer is not so plainly bad as to require no argument to show it so, and that bare inspection of the pleading indicates that it was made in bad faith. Therefore, it *583cannot be disposed of as frivolous. Cook v. Warren, 88 N. Y. 37; Strong v. Sproul, 53 N. Y. 497; Shaw v. Feltman, 99 App. Div. 514, 91 N. Y. Supp. 114. The learned counsel for the respondent contends that we should go beyond the question of 'frivolousness to the merits, but, under our decision in Shaw v. Feltman, supra, we think that we should not do so.
The order should be reversed, with $10 costs and…
2Cases cited3 opinions
- Cook v. . WarrenNew York Court of Appeals · 1882
- Strong v. . SproulNew York Court of Appeals · 1873
- Shaw v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1904