Gain v. Dunn

Appellate Division of the Supreme Court of New York

Gain v. Dunn

243 A.D. 849

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published·Cited by 1 cases

Opinion

Motion to dismiss complaint on promissory note, under rule 112 of the Rules of Civil Practice. The plaintiff alleges a written statement by defendant as follows: “ I have my good health — ■ and if I can get going again the bankruptcy will mean nothing to me — every dollar I owe will be paid.” This does not amount to a new promise. Order reversed, on the law and facts, with ten dollars costs and disbursements, and motion granted. Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.

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Motion to dismiss complaint on promissory note, under rule 112 of the Rules of Civil Practice. The plaintiff alleges a written statement by defendant as follows: “ I have my good health — ■ and if I can get going again the bankruptcy will mean nothing to me — every dollar I owe will be paid.” This does not amount to a new promise. Order reversed, on the law and facts, with ten dollars costs and disbursements, and motion granted. Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.

Gain v. Dunn, 243 A.D. 849 (N.Y. Ct. App. 1935).

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Opinion

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