Searles v. Gebbie — 190 N.Y. 533

Majority

p. 533

George W. Searles, Appellant, v. Frank Gebbie et al., Respondents, Impleaded with Another.

Headnote

Searles v. Gebbie, 115 App. Div. 778 , 922, affirmed.

(Submitted November 21, 1907;

decided December 10, 1907.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 14, 1906, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint.

The following questions were certified: '

“First. Does the complaint state facts sufficient to constitute a cause of action against the demurring defendants ?

p. 534

“ Second. Are several causes of action improperly united in said complaint \ ”

Charles E. Snyder for appellant.

Kendall B. Castle and Albert II. Harris for respondents.

Order affirmed, with costs; first question answered in the negative, second in the affirmative ; no opinion.

Concur: Cullen, Oh. J., Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ.