Dubois v. Smith

Full title: JEANNETTE DUBOIS, Respondent, v. RAYMOND CHARLES SMITH, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 5, 1937

250 App. Div. 742 (N.Y. App. Div. 1937)

Opinion

March 5, 1937.

Present — Martin, P.J., McAvoy, O'Malley, Dore and Cohn, JJ.; Martin, P.J., dissents and votes for reversal.

Order affirmed, with twenty dollars costs and disbursements, on the ground that the counterclaim as pleaded is insufficient, in that although properly interposed (Laws of 1936, chap. 324, in effect Sept. 1, 1936)^_ it fails to allege that the money taken was the property of the defendant.

_ Amending Civ. Prac. Act. — [REP.