Hyperlawhypertext legal database Comings v. Cypress Knitting Mills, Inc. 160 A.D. 875

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Comings v. Cypress Knitting Mills, Inc.

160 A.D. 875 Court N.Y. App. Div. English

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

Contents
p. 875
Celia M. Comings, Respondent, v. Cypress Knitting Mills, Inc., and Others, Appellants.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 17th day of June, 1913, denying a motion for judgment on the pleadings.
Order affirmed, with ten dollars costs and disbursements.

No opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.; Dowling, J., dissented.

I dissent upon the ground that the only allegation of the complaint upon which such an action as this could be predicated is that it was represented that the defendant corporation owned net assets of the market value of $3,300, and there is no further allegation of the falsity of that representation.