Majority
p. 540George C. Van Tuyl, Jr., as Superintendent of Banks of the State of New York, Respondent, v. Joseph G. Robin et al., Defendants, and Edward N. Jesup et al., Appellants. (Argued April 14, 1914; decided April 28, 1914.)
Headnote
Van Tuyl v. Robin, 160 App. Div. 41 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1914, which reversed an inter
p. 541
locutory judgment of Special Term overruling a demurrer to the afirmativo defense contained in the answer of defendant Jesup and overruling a demurrer to the affirmative defense and counterclaim contained in the answer of the defendant People’s Surety Company in an action to enforce the statutory liability of stockholders of a hank in liquidation.
The following questions were certified: “1. Is the affirmative defense contained in the answer of the defendant Edward N. Jesup sufficient in law upon the face thereof to constitute a defense ? 2. Is the separate defense pleaded in the answer of the People’s Surety Company of New York sufficient in law upon the face thereof ? 3. Is the counterclaim of the People’s Surety Company of New York sufficient in. law upon the face thereof ? ”
Philip W. Russell and William K. Dupre, Jr., for Edward N. Jesup, appellant.
Edward M. Grout and F. Sidney Williams for People's Surety Company, appellant.
Henry H. Abbott and Edward A. Craighill, Jr., for respondent.
Order affirmed, with costs, and questions certified answered in the negative; no opinion.
Concur: Willard Bartlett, Oh. J., Werner, His-cock, Chase, Collin, Cuddebaok and Hogan, JJ.
Cases cited
- Van Tuyl v. Robin 160 App. Div. 41 p. 540