¶1 Order affirmed, with costs; question certified answered in the affirmative; no opinion.
¶2 Concur: Cullen, Ch. J., Gray, Werner and Chase, JJ. Dissenting: Vann and Willard Bartlett, JJ. Absent: O’Brien, J.
190 N.Y. 524
83 N.E 1122
Decided December 3, 1907
New York Court of Appeals · decided 1907-12-03
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 19, 1907, which reversed a judgment of Special Term sustaining defendant’s demurrer to the reply and dismissing the complaint and overruled such demurrer. The following question was certified: “Are the plaintiff's several replies to the affirmative defenses set out in the defendant’s answer sufficient in law upon the face thereof % ”
Decided 1907-12-03