Kalbfleisch v. Anderson

Headnote

Pleading — action to enjoin negotiation, transfer or enforcement of orders to pay moneys — when complaint states cause of action.

Kalbfleisch v. Anderson, 201 App. Div. 158 , affirmed.

Appeal, by permission, from three orders of the Appellate Division of the Supreme Court in the third judicial department, entered May 22, 1922, which unanimously affirmed orders of Special Term (1) denying defendant’s motion for judgment on the amended pleadings; (2) granting plaintiff’s motion to continue an injunction order pendente lite made at the commencement of the action and served with the summons and original complaint; (3) denying defendant’s motion to vacate said injunction order after the service of the amended complaint. The

action was brought to enjoin the defendant from negotiating, transferring or enforcing an order signed by the plaintiff, directing James A. Parsons and William' T: Byrne to pay to the defendant, or his order, certain moneys held by them as trustees under an agreement made between the plaintiff and defendant on May 17, 1918, and to procure its cancellation on the ground that the execution of the; order was procured by duress and that it was made without consideration. The following question was certified: “ Does the amended complaint state facts sufficient to constitute a cause of action? ”