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McCrea v. Robertson

114 A.D. 77 Court First Department, Decision date 1906-06-15 English

Decision Majority — Ingraham, J.: · Dissent — Clarke, J. (dissenting):

Contents
p. 77
William G. McCrea, Respondent, v. Thomas B. Robertson and Others, Appellants, Impleaded with David Stevenson Brewing Company and Others.[1]
First Department,
June 15, 1906.

Headnote

Appeal by the defendants, Thomas B. Robertson and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff,"entered in the office of the cleric of the county of New York on the 5th day of February, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrer to the complaint.
George H. Taylor, Jr., for the appellants.
B. F. Gerding, for the respondent.

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.

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 tiled.