Lorillard v. Clyde — 44 N.Y. Super. Ct. 556

Majority

p. 556

JACOB LORILLARD, Plaintiff and Appellant, v. WILLIAM P. CLYDE, and another, Defendants and Respondents.

Before Curtis, Ch. J., and Sanford, J.

Decided April 1, 1878.

Headnote

Appeal from an order of the special term, directing that the defendants have judgment on their demurrer to the plaintiff’s complaint, with leave to the plaintiff to amend his complaint as to the statement of the cause or causes of action, on payment of costs.

Horace Barnard, for appellant.

Andrew Boardman, for respondent.

I think the demurrer should be sustained, for the reasons assigned in his opinion by the learned judge at special term, and that the order appealed from should be affirmed, with like leave to the plaintiff to amend his complaint.

Sanford, J., concurred.