¶1The opinion at special term covers the questions so fully that further discussion is unnecessary. The statements in the eighth subdivision of the defendant’s pleading are appropriate for an answer, but out of place in a demurrer. They were therefore properly disregarded at special term, as not being properly before the court. The judgment must be affirmed, with costs, with leave to answer on payment of costs. All concur.
35 N.Y.S. 136
Tuthill v. Goss
Decided July 26, 1895
New York Supreme Court · decided 1895-07-26
Action by Benjamin Tuthill, suing on behalf of himself and all others who may desire to come in and contribute towards the expenses in the action, against Mary R Goss and Mary 0. Rogers, individually and as administratrix of Guy 0. Goss, deceased, to set aside, as fraudulent and void as to the creditors of said decedent, the assignment of a life insurance policy to defendant Mary R. Goss, and for other relief. A demurrer to the complaint was overruled, and defendants appeal.
Decided 1895-07-26