Andie v. Kaplan

In an

action to recover money and certain jewelry delivered by plaintiff to defendant in connection with a mutual promise of marriage between the parties, plaintiff ■appeals from an order dismissing the complaint on the ground that it does not state facts sufficient to constitute a cause of action and from the judgment entered thereon. Order and judgment affirmed, with ten dollars costs and disbursements. No opinion. Carswell, Adel and Close, JJ., concur; Lazansky, P. J., and Taylor, J., dissent and vote to reverse the order and judgment and to deny the motion, with the following memorandum:…