Rankin v. Bush — 182 N.Y. 524

Majority

p. 524

George C. Rankin, as Receiver of the Elmira National Bank, Respondent, v. John J. Bush et al., Appellants, Impleaded with Another.

(Argued June 1, 1905;

decided June 16, 1905.)

Rankin v. Bush, 102 App Div. 510 , affirmed. ’

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart-

p. 525

merit, entered March 26, 1905, which affirmed an interlocutory judgment of Special Term overruling demurrers to the coin plaint.

The following questions were certified :

“ 1.' Does the first cause of action set forth in the amended complaint herein state facts sufficient to constitute a cause of action %

“ 2. Does the second cause of action set forth in the amended complaint herein state facts sufficient to constitute a cause of action ? ”

Judson A. Gibson for appellants.

Edward B. Whitney and Winston H. Hagen for respondent.

Order affirmed, with costs, and questions certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Haight, Vann and Werner, JJ.