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Campbell v. Friedlander

29 N.Y.S. 790 Court N.Y. Gen. Term Decision date 1894-06-18 English

Delivered by CULLEN, J.

Contents

Majority

p. 790
CAMPBELL v. FRIEDLANDER et al.
(Supreme Court, General Term, Second Department.
June 18, 1894.)

Headnote

Demurrer—When not Frivolous.
A demurrer which presents questions which fairly admit debate is not frivolous.
Appeal from special term.
Action by Samuel J. Campbell against Albert Friedlander and Marcus Marks. Prom an order overruling a demurrer to the complaint as frivolous, defendants appeal.
Reversed.
Argued before BROWE, P. J., and DYKMAE and CULLER, JJ.
Spiegelberg & Wise, for appellants.
Charles S. Simpkins, for respondent.

We think that the demurrer of the defendant presented questions which fairly admitted debate, and hence it was not frivolous. The order appealed from should be reversed, with $10 costs and disbursements. All concur.