Schultz v. McCrea — 222 N.Y. 720

Majority

p. 720

William F. Schultz, Appellant, v. William G. McCrea et al., Respondents, Impleaded with Others.

Headnote

Schultz v. ikfcOea, 170 App. Div. 897 , affirmed.

(Submitted February 1, 1918;

decided February 15, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered. July 27, 1915, affirming a judgment in favor of defendants, respondents, entered upon a dismissal of the complaint as to them by the court at a Trial Term in an action to recover a balance alleged to be due on a contract to purchase stock. The complaint was dismissed at the opening on the ground that it did not state facts sufficient to constitute a cause of action.

p. 721

Edward H. Kelly for appellant.

Benjamin F. Gerding for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.