Stewart Motor Trucks, Inc. v. City of New York

The defendants move for judgment dismissing the complaint herein on the pleadings pursuant to rule 112 of the Rules of Civil Practice, upon the ground that said complaint does not state facts sufficient to constitute a cause of action.

The facts, which are properly alleged in the complaint, are substantially as follows:

One Lawrence Gerard was the registered owner of a certain motor vehicle which had been sold and delivered to him by the plaintiff corporation on or about the 19th day of January, 1934. In consideration of said sale, he delivered to the plaintiff a series of promissory notes and…