Majority
p. 684First Department, May, 1923. Charles M. Campbell, Respondent, v. Moody B. Gates, Appellant.
Headnote
Pleadings — complaint held sufficient.Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office on October 17, 1922, denying the defendant’s motion to dismiss the complaint.
Affirmed upon the authority of Lamb v. Cheney & Son ( 227 N. Y. 418 ). The appellant seeks to distinguish that case upon the ground that it involves a contract of employment, which, under the old count of harboring or enticing a servant, has, for many years, been actionable. (Lumley v. Gye, 2 E. & B. 216.) Nevertheless, the language of the Court of Appeals in said case is sufficient to require this court to follow the same in the case at bar. The order should, therefore, be affirmed, with ten dollars costs and disbursements. Present — Clarke, P. J., Smith, Page, Merrell and Finch, JJ.; Page, J., dissenting. Order affirmed, with ten dollars costs and disbursements.
Cases cited
- Lamb v. S. Cheney & Son 227 N. Y. 418 p. 684