Perrin v. Whipple

Appellate Division of the Supreme Court of the State of New York

Decided December 10, 1909

Appellate Division of the Supreme Court of the State of New York · decided 1909-12-10

Appeal by the defendant, Dorris Whipple, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the comity of. Hew York on the 7th day of September, 1909, denying the said defendant’s. motion for judgment upon the pleadings, on the ground that the complaint does not state facts sufficient to constitute a cause of action as against said defendant.

Decided 1909-12-10

Clarke, J.:

¶1For the reasons stated in the opinion in Perrin v. Smith (135 App. Div. 127), handed down herewith, the- order appealed from should be affirmed, with costs and disbursements to the respondent.

¶2Ingraham, McLaughlin, Houghton and Scott, JJ., concurred.

¶3Order affirmed, with ten dollars costs and disbursements.-