Appellate Division of the Supreme Court of New York, 1906

McCrea v. Robertson

Appellate Division of the Supreme Court of New York · Decided June 15, 1906 · Clarke, Ingraham

114 A.D. 77; 99 N.Y.S. 694; 1906 N.Y. App. Div. LEXIS 2027

Counsel

George H. Taylor, Jr., for the appellants., B. F. Gerding, for the respondent.

Opinion of the Court

Ingraham, J.:

The question in this case is the same as that presented in the case of McCrea v. McClenahan (114 App. Div. 70), decided herewith; and for the reasons there stated, the judgment appealed from must be reversed, with costs, and the demurrer sustained, with costs, with leave to the plaintiff to amend the complaint upon payment of costs in this court and in the court below.

McLaughlin and Houghton, JJ., concurred; O’Brien, P. J., and Clarke, J., dissented.

Dissenting Opinion

Clarke, J. (dissenting):

I dissent for the reasons stated in the dissenting opinion in McCrea v. McClenahan.

O’Brien, P. J., concurred.

Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend on payment of costs in this court and in the court below. Order tiled.

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