Empire State Savings Bank v. Beard — 151 N.Y. 638

Majority

p. 638

The Empire State Savings Bank of Buffalo, Respondent, v. Daniel C. Beard et al., Appellants.

Headnote

Umpire State Savings BanJc v. Beard, 81 Hun, 184 , reversed.

(Argued November 30, 1896;

decided December 15, 1896.)

Appeals, by certification, from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered October 31, 1891, which affirmed an interlocutory judgment overruling demurrers to the complaint.

John G. Milburn for Charles Berrick, appellant.

Herbert P. Bissell for Russell H. Potter, appellant.

p. 639

George J. Sicard for Daniel C. Beard and Henry H. Otis, appellants.

Frank C. Ferguson for Peter J. Ferris, appellant.

Charles Daniels, Charles H. Daniels and George A. Lewis for respondent.

Judgment reversed and demurrer sustained, with costs, on the authority of O'Brien v. Fitzgerald ( 150 N. Y. 572 ), with leave to plaintiff to amend within twenty days, on payment of the costs of the demurrer and of the appeals; no opinion.

All concur, except Haight, J.,- not sitting.