GAFFNEY v. GORDON


34 F.2d 491 (1929)

GAFFNEY v. GORDON.

District Court, N. D. New York.

May 23, 1929.


Attorney(s) appearing for the Case

Tracy, Chapman & Tracy, of Syracuse, N. Y., for complainant.

McGowan & Stoiz, of Syracuse, N. Y., for defendant.


BRYANT, District Judge.

This case is before the court upon motion of defendant for an order dismissing complaint and directing judgment in favor of defendant upon the grounds: (1) That the complaint does not state facts sufficient to constitute a cause of action; and (2) that it appears upon the face of the complaint that the plaintiff has not legal capacity to sue.

In the memorandum or brief submitted by plaintiff, there is a request that complainant be allowed...

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