ADSIT v. FIRST TRUST CO.


7 Misc.2d 651 (1957)

Robert F. D. Adsit, Plaintiff, v. First Trust & Deposit Company, as Executor of Mabel H. G. Craig, Deceased, Defendant.

Supreme Court, Special Term, Onondaga County.

July 11, 1957.


Attorney(s) appearing for the Case

Hiscock, Cowie, Bruce, Lee & Mawhinney for defendant.

Driscoll, Mathews, Gingold & Cass for plaintiff.


HENRY A. HUDSON, J.

This is a motion under rule 112 of the Rules of Civil Practice for judgment on the pleadings. Rule 112 must be read in conjunction with sections 243 and 476 of the Civil Practice Act. A dismissal of the complaint is sought on the ground that it fails to state facts sufficient to constitute a cause of action and that the contract upon which the action is founded is not enforcible under the Statute of Frauds.

The cause of action...

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