Chance v. Guaranty Trust Co.

Appeal from order of November 25, 1938, denying motion, made pursuant to rule 112 of the Rules of Civil Practice, to dismiss as to appellant the first cause of action for insufficiency and the third, fourth and sixth causes of action as barred by the Statute of Limitations, dismissed. Order made December 3, 1938, resettling the order of November 25, 1938, by including therein recitation of an affidavit in opposition, affirmed, with ten dollars costs and disbursements. The first cause of action is sufficient to charge defendant Atterbury with actionable negligence in that it is alleged, in…