120 Misc. 210 | N.Y. Sup. Ct. | 1923
This is a demurrer to the second amended complaint in which plaintiffs allege in part that the defendant misappropriated the whole fund contributed by all the parties of the second part to the agreement, and that by reason of the acts of the defendant the oil and gas lease is now terminated and the purpose of the enterprise abandoned. The plaintiffs bring this action at law against the defendant, one of their coadventurers, to recover the sum of $2,500, their contribution to the joint enterprise, which sum is alleged to have been misappropriated by the defendant. The other coadventurers are not made parties. The sufficiency of the complaint is questioned by demurrer, as the action was started prior to October 1, 1921. The Appellate Division has
Ordered accordingly.