120 N.Y.S. 546 | N.Y. App. Div. | 1909
The demurrer was interposed upon the ground that the complaint fails to state facts sufficient to constitute a cause of action. The only theory upon which the learned counsel for. the plaintiff attempts to sustain the complaint is that it states a cause of action for conspiracy and that an action will lie against two or more per
■ It follows, therefore, that the interlocutory judgment should be reversed, with- costs, and the demurrer sustained, with costs, but With leave' to plaintiff to amend on payment of costs of the appeal and of the demurrer.
Ingraham, McLaughlin, Houghton and Scott, JJ., concurred.
Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend on payment of costs. .