Majority
p. 545Buffalo German Insurance Company, Respondent, v. The Title Guaranty and Trust Company of Scranton, Pennsylvania, Appellant. (Argued January 10, 1907; decided January 29, 1907.)
Headnote
Buffalo German Ins. Co., v. Title G. & T. Co. of Scranton, 115 App. Div. 930 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 19, 1906, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the answer in an action to recover upon a surety bond.
The following question was certified:
“ Is that part of the defendant’s answer numbered ‘ Second ’ and designated a further and partial answer and defense, and consisting of new matter contained in said answer, sufficient in law upon the face thereof and a partial defense to the plaintiff’s complaint in the action.”
William, H. Cuddeback for appellant,.
Loren L. Lewis, Jr., and William, C. Carroll for respondent.
Order affirmed, with costs, and question certified answered in the negative on opinion of Kenefick, J., at Special Term.
Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett, and Hiscock, JJ.