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Harrison v. New Amsterdam Casualty Co.

186 A.D. 935 Court N.Y. App. Div. English

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p. 935
Hiram C. Harrison, Respondent, v. New Amsterdam Casualty Company, Appellant.

Order reversed, with ten dollars costs and disbursements, and demurrer overruled, with ten dollars costs, with leave to the plaintiff to withdraw the demurrer within twenty days upon payment of the costs of the motion and of this appeal. Held, that the new matter pleaded in the answer presented upon its face a defense to the action. All concurred, except Hubbs, J., who dissented.