Arkenburgh v. Little — 176 N.Y. 551

Majority

p. 551

Eliza J. Arkenburgh, as Executrix of Robert T. Arkenburgh, Deceased, Appellant, v. Robert F. Little, Respondent, Impleaded with Others.

Headnote

Arkeiiburgh v. Little, 49 App. Div. 636 , affirmed.

(Argued May 1, 1903;

decided October 13, 1903.)

Appeal from a judgment, entered June 20, 1902, upon an order of the Appellate Division of the Supreme Court in the second judicial department, affirming an interlocutory judg

p. 552

ment overruling a demurrer to a defense in the answer entered' upon a decision of the court at a Trial Term without a jury.

Charles Edward Souther for appellant.

Frank W. Arnold for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Parker, Ch. J., Gray, O’Brien, Bartlett, Yann, Cullen and Werner, J J.