The Superior Court of New York City May 8, 1877 (Kohler v. Mattlage)

By the Court.—Curtis, Ch. J.

The appellants contend that the court erred in denying their preliminary motion at the trial, to dismiss the complaint. They urge that the complaint does not show that the plaintiff has been damnified or incurred any legal liability in consequence of any matter therein alleged, and that, to entitle the plaintiff to recover, it was necessary to show, either actual