Perrin v. Whipple — 135 A.D. 132

Majority

p. 132

Raymond S. Perrin, Respondent, v. Dorris Whipple, Appellant, Impleaded with H. Bridgman Smith and Philip S. Smith, Defendants.

First Department,

December 10, 1909.

Headnote

(See head note in Perrin v. Smith, ante, p. 127.)

Appeal by the defendant, Dorris Whipple, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk "of the comity of. Hew York on the 7th day of September, 1909, denying the said defendant’s. motion for judgment upon the pleadings, on the ground that the complaint does not state facts sufficient to constitute a cause of action as against said defendant.

A. Wheller Palmer, for the appellant.

Gilbert Ray Hawes of counsel [Irving Goldberg with him on the brief], for the respondent.

For the reasons stated in the opinion in Perrin v. Smith ( 135 App. Div. 127 ), handed down herewith, the- order appealed from should be affirmed, with costs and disbursements to the respondent.

Ingraham, McLaughlin, Houghton and Scott, JJ., concurred.

Order affirmed, with ten dollars costs and disbursements.-