Davids v. Bauer

Headnote

Davids v. Bauer, loo App. Div. 97, affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February ‘l, 1913, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the answer in an action for an accounting.

The following questions were certified: “(1) Does the amended complaint in this action state facts sufficient to. constitute a cause of action? (2) Is the first separate and affirmative defense contained in defendant’s answer sufficient in law upon the face thereof ? (3) Is the second separate and affirmative defense contained in defendant’s answer sufficient in law upon the face thereof? (4) Is the third separate and affirmative defense contained in defendant’s answer sufficient in law upon the face thereof ? (5) Is the fourth separate and affirmative defense contained in defendant’s answer sufficient in law upon the face thereof ? (6) Is the sixth separate and affirmative defense contained in defendant’s answer sufficient in law

upon the face thereof ? (7) Is the seventh separate and affirmative defense contained in defendant’s answer sufficient in law upon the face thereof ? ”