Town of Pelham v. Shinn — 194 N.Y. 548

Majority

p. 548

Town of Pelham, Respondent, v. John M. Shinn, Appellant.

Headnote

Town of Pelham v. Shinn, 139 App. Div. 30 , affirmed.

(Argued January 7, 1909;

decided January 26, 1909.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 5,1908, which affirmed an interloe utory judgment of Special Term overruling a demurrer to tin

p. 549

complaint in an action for an accounting of moneys received and disbursed by the defendant as supervisor of the town of Pelham.

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

Benjamin L. Fairchild for appellant.

Henry G. K. Heath for respondent.

Order affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: Cullen, Oh. J., Edward T. Bartlett, Vann, Werner, Hiscock and Chase, JJ. Absent: Willard Bartlett, J.