Atlas Finance Corp. v. Kenny

This appeal comes before us on the judgment roll and is taken from a judgment of dismissal of an action brought by plaintiff to recover possession of equipment, usable for gambling purposes (hereinafter referred to as "equipment”), following the sustaining without leave to amend of the demurrer of defendant to plaintiff’s second amended complaint.

By such second amended complaint filed herein, plaintiff seeks to recover possession of said equipment, which, it is alleged, is usable for gambling purposes but was not being so used when, on or about December 29, 1939, it was seized on board the S.…