Majority
p. 774Herman Van Slochem, Respondent, v. Harold G. Villard et al., Defendants, and Edward Ashforth et al., Appellants. (Argued February 27, 1913;. decided March 18, 1913.)
Headnote
Van Slochem, v. Villard (Ashforth), 154 App. Div. 166 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 7, 1912, which affirmed an order of Special Term denying a motion for judgment in favor of defendants, appellants, on the pleadings in an action for fraud and deceit.
The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ”
Michael H. Cardozo, Jr., and Brison Howie for appellants.
Henry L. Scheuerman and Herbert R. Limburg for respondent.
Order affirmed, with costs, question certified answered in the affirmative on opinion in Van Slochem v. Villard ( 207 N. Y. 587 ).
Concur: Cullen, Ch. J., Werner, Willard Bartlett, Hiscock, Chase, Collin and Hogan, JJ.
Cases cited
- Van Slochem v. Villard 207 N. Y. 587 p. 774