Hall Approved Free Access to American Case Law
Appellate Division of the Supreme Court of New York, 1905

Gause v. Commonwealth Trust Co.

Gause v. Commonwealth Trust Co.
Appellate Division of the Supreme Court of New York · Decided July 7, 1905 · McLaughlin
94 N.Y.S. 1147 (New York Supplement)

Counsel

Charles E. Souther, for appellant., Howard Taylor, for respondent.

Gause v. Commonwealth Trust Co.

Opinion of the Court

McLAUGHLIN, J.

We think that this demurrer was not frivolous, and that the question as to the validity of the complaint should be determined upon in a trial of the issue of law raised by the demurrer. The order should be reversed, with $10 costs and disbursements, and the motion for judgment denied, with $10 costs. See 91 N. Y. Supp. 847.

PATTERSON and INGRAHAM, JJ„ concur. O’BRIEN, P. J., and HATCH, J., dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.