Hildreth v. Mercantile Trust Co.

Appellate Division of the Supreme Court of New York

Hildreth v. Mercantile Trust Co.

112 A.D. 916

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

DecidedApril 15, 1906

StatusPublished

This text of 112 A.D. 916 (Hildreth v. Mercantile Trust Co.) 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.

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Hildreth v. Mercantile Trust Co., 112 A.D. 916 (N.Y. Ct. App. 1906).

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Opinion

Jenks, J.:

We are of opinion that the demurrer is not so plainly had as to require no .argument to show it. so, and that hare- inspection of "the pleading indicates that it was made in bad faith. Therefore, it cannot he disposed of as frivolous. (Oooh v. Warren, 88 N. Y. 87; Strong v. Bproul, 53. id. 497; Shaw v. Pelt-man, 99 App. Div. 514) The le&rned-counsel for the respondent contends that xve should .go-beyond the -question of frivolousness to the merits, hut under our decision in'Shaw v. Pelt-man {supra) we think- that we should not do so, The order should he reversed, with ten dollars costs and disbursements, and the motion denied, with costs. Woodward, Gaynor and Rich, JJ.., concurred. Order reversed, with ten dollars costs and disbursements, and motion' denied, with costs. "

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Jenks, J.:

We are of opinion that the demurrer is not so plainly had as to require no .argument to show it. so, and that hare- inspection of "the pleading indicates that it was made in bad faith. Therefore, it cannot he disposed of as frivolous. (Oooh v. Warren, 88 N. Y. 87; Strong v. Bproul, 53. id. 497; Shaw v. Pelt-man, 99 App. Div. 514) The le&rned-counsel for the respondent contends that xve should .go-beyond the -question of frivolousness to the merits, hut under our decision in'Shaw v. Pelt-man {supra) we think- that we should not do so, The order should he reversed, with ten dollars costs and disbursements, and the motion denied, with costs. Woodward, Gaynor and Rich, JJ.., concurred. Order reversed, with ten dollars costs and disbursements, and motion' denied, with costs. "

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