Hirsh v. Central Hanover Bank & Trust Co.

Appellate Division of the Supreme Court of New York

Hirsh v. Central Hanover Bank & Trust Co.

251 A.D. 24, 295 N.Y.S. 522, 1937 N.Y. App. Div. LEXIS 6851

Appellate Division of the Supreme Court of the State of New York·Decided May 7, 1937·Published·Cited by 3 cases

Opinion

Per Curiam.

The complaint states a sufficient cause of action at law though not in equity. Consequently, an answer having been interposed, the court should not have dismissed the complaint. (Clark v. Levy, 130 App. Div. 389; Perrin v. Smith, 135 id. 127; Kraemer v. World Wide Trading Co., Inc., 195 id. 305.)

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.

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Per Curiam.

The complaint states a sufficient cause of action at law though not in equity. Consequently, an answer having been interposed, the court should not have dismissed the complaint. (Clark v. Levy, 130 App. Div. 389; Perrin v. Smith, 135 id. 127; Kraemer v. World Wide Trading Co., Inc., 195 id. 305.)

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.

Hirsh v. Central Hanover Bank & Trust Co., 251 A.D. 24, 295 N.Y.S. 522, 1937 N.Y. App. Div. LEXIS 6851 (N.Y. Ct. App. 1937).

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251 A.D. 24 (Hirsh v. Central Hanover Bank & Trust Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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