L. D. Garrett Co. v. Morton

This case differs from that of L. D. Garrett v. McComb, N. Y. L. J., Nov. 30, 1900, only in the particular that there the complaint was dismissed at the end of the plaintiff’s case, while here judgment for the defendant is sought on demurrer to a complaint identical with that in the earlier suit. Garrett v. McComb was dismissed on two grounds. (1) The illegality of the agreement of which the purchase and sale of stock *11was a part, and (2) failure to prove agency bn the part of those whom the plaintiff claimed represented the defendant. On appeal the judgment was affirmed on the latter ground…