Public-domain · open source
OpenJurist

116 Ind. App. 699

63 N.E.2d 146

Katzow v. Borinstein

Indiana Court of Appeals

Decided October 22, 1945

Indiana Court of Appeals · decided 1945-10-22

Relies on Borinstein v. Katzow

Decided 1945-10-22

*700 Flanagan, J.

¶1 This is the. second appeal of this case. See Borinstein v. Katzow (1944), 222 Ind. 548, 55 N. E. (2d) 260. On the former appeal the Supreme Court decided that the complaint was demurrable. .

¶2 An amended complaint was then filed in the trial court and a demurrer sustained to it. This appeal is from that ruling.

¶3 There is no substantial difference between the amended and the original ’complaint. The operative facts remain the same. Our Supreme Court held that such operative facts do not constitute a cause of action.

¶4 Judgment affirmed.

¶5 Note. — Reported in 63 N. E. (2d) 146.

/116/indapp/699 · .json · Public domain