Torbett v. Eaton — 113 N.Y. 623

Majority

p. 623

Ruth Torbett, Respondent, v. Sherburne B. Eaton, Appellant.

(Argued March 5, 1889;

decided March 19, 1889.)

Headnote

Appeal from an interlocutory judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 19, 1888, which affirmed a judgment entered at Special Term sustaining the demurrer of plaintiff to a portion of defendant’s answer.

p. 624

Eugene H. Lewis for appellant.

William W. Badger for respondent.

Agree to affirm; no opinion.

All concur, except Earl and Danfreth, JJ., dissenting. Judgment affirmed.