Hildreth v. Mercantile Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeals by the defendants, the Mercantile Trust Company and Others, from an order -'of the Supreme Court, enteredin the office of the clerk of Suffolk county on-the 33d day of January, 1906. •
1Opinion of the Court
Jenks, J.:
We are of opinion that the demurrer is not so plainly had as to require no .argument to show it. so, and that hare- inspection of "the pleading indicates that it was made in bad faith. Therefore, it cannot he disposed of as frivolous. (Oooh v. Warren, 88 N. Y. 87; Strong v. Bproul, 53. id. 497; Shaw v. Pelt-man, 99 App. Div. 514) The le&rned-counsel for the respondent contends that xve should .go-beyond the -question of frivolousness to the merits, hut under our decision in'Shaw v. Pelt-man {supra) we think- that we should not do so, The order should he reversed, with ten dollars…
2Cases cited1 opinion
- Shaw v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1904