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Thayer v. Downes Co.

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1918
185 App. Div. 881 (N.Y. App. Div. 1918)

Opinion

July, 1918.

Present — Dowling, Laughlin, Smith, Page and Merrell, JJ.


While the amended complaint contains allegations that might be appropriate in several different causes of action, it does not contain allegations of fact sufficient to constitute any cause of action. The order overruling the demurrer will be reversed, with ten dollars costs and disbursements, and the demurrer sustained, with ten dollars costs, with leave to the plaintiff to serve an amended complaint upon payment of said costs within twenty days from the service of a copy of the order to be entered herein, with notice of entry thereof, or in default thereof the complaint be dismissed, with costs.


Order reversed, with ten dollars costs and disbursements, and demurrer sustained, with ten dollars costs, with leave to plaintiff to serve amended complaint on payment of said costs.


Summaries of

Thayer v. Downes Co.

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1918
185 App. Div. 881 (N.Y. App. Div. 1918)
Case details for

Thayer v. Downes Co.

Case Details

Full title:EDGAR J. THAYER, Respondent, v . DOWNES CO., Appellant, Impleaded with…

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

Date published: Jul 1, 1918

Citations

185 App. Div. 881 (N.Y. App. Div. 1918)