Appellate Division of the Supreme Court of the State of New York April 27, 1906 (Hildreth v. Mercantile Trust Co.)

JENKS, J.

We are of opinion that the demurrer is not so plainly bad as to require no argument to show it so, and that bare inspection of the pleading indicates that it was made in bad faith. Therefore, it *583cannot be disposed of as frivolous. Cook v. Warren, 88 N. Y. 37; Strong v. Sproul, 53 N. Y. 497; Shaw v. Feltman, 99 App. Div. 514, 91 N. Y. Supp. 114.