
    John G. Holland, Respondent, v. Charles Ricketts, Appellant.
    
      Holland v. Ricketts, 157 App. Div. 885, appeal dismissed.
    (Argued October 19, 1915;
    decided November 16, 1915.)
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 26, 1913, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The complaint alleged “ That heretofore and on the 6th day of March, 1907, the above-named defendant, • for value received, made, executed and delivered his promissory note in writing whereby he promised and agreed to pay to the above-named plaintiff the sum of three hundred and forty dollars and seventy-two cents ($340.72), with interest. * * * ” Defendant moved to dismiss the complaint upon the ground that it did not state facts sufficient to constitute a cause of action as the note is pleaded as a non-negotiable note without stating the facts showing the consideration therefor, which motion was granted.
    The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action ? ”
    
      A. C. Taylor for appellant.
    
      Frank Hurley for respondent.
   Appeal dismissed, without costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Hogan, Cardozo, Seabury and Pound, JJ.  