Headnote
Action by the Genesee Savings & Loan Association against Charles M. .Allen and others. From an interlocutory judgment sustaining a demurrer, plaintiff appeals.Interlocutory judgment affirmed, with costs, and demurrer sustained, with costs, with leave to the plaintiff to plead over upon the usual terms, upon the authority of McClure v. Wilson, 13 App. Div. 274 , 43 N. Y. Supp. 209 , and McClure v. Law, 161 N. Y. 78 , 55 N. E. 388 .
I dissent, upon the ground that the complaint states but a sin-, gle cause of action, to wit, a conspiracy on the part of the defendants to destroy the plaintiff and dissipate its property; that the result of such conspiracy was to prat certain moneys into the hands of the conspiring defendants, and, in addition, to cause damage to plaintiff; that in the same action the fruits of the conspiracy received by the defendants, and any and all damages resulting from such conspiracy, may be recovered, and any contracts made between the participants in such conspiracy may be set aside.
SPRING, J., concurs.
Cases cited
- McClure v. Wilson 13 App. Div. 274 p. 1133
- McClure v. Law 161 N. Y. 78 p. 1133