Hendricks v. Wolff — 9 N.Y. St. Rep. 846

Majority

p. 846

MORTIMER D. HENDRICKS, Resp’t, v. CHARLES G. WOLFF, Appl’t.

Headnote

Pleading—When demurrer not frivolous.

Appeal from order overruling demurrer.

E. E, Dodge, for appl’t; A. Kling, for resp’t.

We do not think that the demurrer in the case at har was frivolous. There are questions raised by the demurrer which require consideration, and the complaint upon inspection does not appear necessarily to be good.

In the case of Keteltas v. Myers ( 19 N. Y., 231 ), the complaint contained various allegations which are not to be found in the case under discussion.

The order should be reversed, with ten dollars costs and disbursements.