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Leith v. Reese

84 N.Y.S. 1133 Court N.Y. App. Term Decision date 1903-11-06 English

Delivered by BLANCHARD, J.

Contents

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p. 1133
LEITH, Appellant, v. REESE et al., Respondents.
(Supreme Court, Appellate Term.
November 6, 1903.)

Headnote

Action by William S. Leith against Thomas Reese, Jr., and others. From an order sustaining a demurrer to the complaint, and from an interlocutory judgment entered thereon, plaintiff appeals. Affirmed.
R. H Ludlow, for appellant.
Keiley & Haviland, for respondents.

The complaint fails, in that it does not allege that the defendants procured the sale of the property. The complaint alleges that the American Bridge Company obtained a judgment, and that the defendants-claimed to be the assignees; but at whose instance, although a sale of the property was-had, the complaint is silent. The judgment must be affirmed, with costs. All concur.