McCrea v. Robertson

Full title: WILLIAM G. McCREA, Respondent, v . THOMAS B. ROBERTSON and Others…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 1906

114 App. Div. 77 (N.Y. App. Div. 1906)

99 N.Y.S. 694

Opinion

June 15, 1906.

George H. Taylor, Jr., for the appellants.

B.F. Gerding, for the respondent.

INGRAHAM, J.:

The question in this case is the same as that presented in the case of McCrea v. McClenahan ( 114 App. Div. 70), decided herewith; and for the reasons there stated, the judgment appealed from must be reversed, with costs, and the demurrer sustained, with costs, with leave to the plaintiff to amend the complaint upon payment of costs in this court and in the court below.

McLAUGHLIN and HOUGHTON, JJ., concurred; O'BRIEN, P.J., and CLARKE, J., dissented.

CLARKE, J. (dissenting):

I dissent for the reasons stated in the dissenting opinion in McCrea v. McClenahan.

O'BRIEN, P.J., concurred.

Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend on payment of costs in this court and in the court below. Order filed.