Gause v. Boldt — 100 N.Y.S. 1118

Majority

p. 1118

GAUSE, Appellant, v. BOLDT et al., Respondents (two cases).

(Supreme Court, Appellate Division, First Department.

November 5, 1906.)

Headnote

Appeal from Special Term, New York County. Action by Harry T. Gause, on behalf of himself and all other creditors of the Commonwealth Trust Company, against George 0. Boldt and others. From a judgment dismissing the complaint on demurrer, plaintiff appeals. Modified and affirmed. Howard Taylor, for appellant. Charles B. Souther, for respondents Boldt et al. William H. iPain, for respondent Mynderse. York Allen, for respondent Hagemeyer. William M. Bennett, for respondents Hallowell et al. Francis S. Hutchins, for respondent Commopwealth Trust Company.

For the reasons stated in Gause v. Boldt (decided herewith) 100 N. Y. Supp. 1117 , the judgment appealed from should be modified, by striking therefrom all bills of costs except one, that one to be divided among all defendants whose demurrers were sustained therein, and, as so modified, affirmed, without costs in this court.