123 N.Y.S. 840 | N.Y. App. Div. | 1910
I do not see how under the allegations of the amended complaint the plaintiff, The John 0. Orr Company, can be held to be a proper party to this action. That company was not in existence when the
The complaint does not allege facts sufficient to constitute a cause of action, and the interlocutory judgment must be reversed and the demurrer sustained, with costs.
Jenks, Buee, Thomas and Cabe, JJ., concurred.
Interlocutory judgment reversed, with costs, and demurrer sustained, with costs.