Patterson v. Guardian Trust Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiffs, Edward J. Patterson and others, 'from, an interlocutory judgment- of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 4th day of November, 1910, upon the decision of the court, rendered after a trial at the Broome Special Term, sustaining the defendant’s demurrer to the complaint.
1Dissent
Houghton, J. (dissenting):
I think the complaint does not state facts sufficient to constitute a cause "of action against the defendant, and that the interlocutory judgment sustaining the defendant’s demurrer should be affirmed’ ...
I do not understand the decision of this court in Davidge v. Guardian Trust Co. (136 App. Div. 78) to be controlling upon the question presented upon this appeal. The only question decided in that case was whether or not an officer of the defendant falsely represented, to the damage of a bondholder, that the mortgage in question was a first lien when in fact it was…
2Cases cited1 opinion
- Davidge v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909