Avon Springs Sanitarium Co. v. Weed — 189 N.Y. 557

Majority

p. 557

Avon Springs Sanitarium Company, Respondent, v. William J. Weed, Appellant.

Headnote

Avon Springs Sanitarium Oo. v. Weed, 119 App. Div. 560 , reversed.

(Argued October 4, 1907;

decided October 22, 1907.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 1, 1907, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action to recover the amount of a subscription for stock.

The following question was certified: “ Does the complaint herein state facts sufficient to constitute a cause of action ? ”

Edwin A. Wash and William Carter for appellant.

James G. Greene for respondent.

Order reversed and judgment ordered for defendant on the demurrer, with costs in all courts, on dissenting opinion of McLennan, P. J., below. Question certified answered in the negative.

Concur: Cullen, Ch. J., O’Brien, Edward T. Bartlett, Haight, Vann and Chase, JJ. Absent: Hiscock, J.