Gain v. Dunn

Appellate Division of the Supreme Court of New York

Gain v. Dunn

243 A.D. 849

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

DecidedMarch 15, 1935

StatusPublished

Cited by1 cases

This text of 243 A.D. 849 (Gain v. Dunn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

243 A.D. 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gain-v-dunn-nyappdiv-1935.

Opinion

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