Gain v. Dunn ( 1935 )

Motion to dismiss complaint on promissory note, under rule 112 of the Rules of Civil Practice. The plaintiff alleges a written statement by defendant as follows: “ I have my good health — ■ and if I can get going again the bankruptcy will mean nothing to me — every dollar I owe will be paid.” This does not amount to a new promise. Order reversed, on the law and facts, with ten dollars costs and disbursements, and motion granted. Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ., concur.