¶1Interlocutory judgment modified by striking out the words “ upon the merits,” and as so modified affirmed, with costs, with leave to the plaintiff to plead over within twenty days upon payment of the costs of the demurrer and of this appeal. All concurred, except Merrell, J., who dissented.
161 A.D. 910
Herendeen v. Wilson
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1914
Appellate Division of the Supreme Court of the State of New York · decided 1914-01-15
Decided 1914-01-15