Hardware Mutual Casualty Co. v. Smith

This is a motion under section 27 of the Binghamton City Court Act (L. 1931, ch. 482) and rule 106 of the Buies of Civil Practice, to dismiss the complaint upon the ground that it appears upon the face thereof that the complaint does not. state facts sufficient to constitute a cause of action.

The motion has been submitted upon affidavits, as well as upon the pleadings.

The action is in negligence. The complaint alleges, among other things, that a prior action had been instituted in the City Court of Binghamton, wherein Gorman Morgan was plaintiff and John L. Smith and Tanis Smith were…