p. 929Susan D. Brightson, Appellant, v. John Claflin, Respondent.
Headnote
Pleading— technical omission therein.Appeal from final judgment of the Supreme Court in favor of defendant, entered in the office of the clerk of the county of New York on the 15th day of January, 1920, upon the report of a referee.
Judgment and order affirmed, with costs. No opinion.
Present — Clarke, P. J., Laughlin, .Smith, Page and Merrell, JJ.; Laughlin, J., dissenting.
I dissent upon the ground that, in my opinion, the defendant should have pleaded that the stock was held by the company as collateral for the note. (See Barber v. Ellingwood, No. 2, 137 App. Div. 704 , 714.) Were it not for this technical omission so to plead, I would vote for affirmance.