Legal Opinion
Gause v. Commonwealth Trust Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1905Published
Appeal from Special Term, New York County. Action by Harry T. Gause against the Commonwealth Trust Company. From an order overruling the defendant’s demurrer to the complaint, defendant appeals.
1Opinion of the CourtMcLAUGHLIN, J.
We think that this demurrer was not frivolous, and that the question as to the validity of the complaint should be determined upon in a trial of the issue of law raised by the demurrer. The order should be reversed, with $10 costs and disbursements, and the motion for judgment denied, with $10 costs. See 91 N. Y. Supp. 847.
PATTERSON and INGRAHAM, JJ„ concur. O’BRIEN, P. J., and HATCH, J., dissent.
2Cases cited1 opinion
- Gause v. Commonwealth Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905