Hyperlawhypertext legal database Slade v. American Exchange Nat. Bank 122 N.Y.S. 1145

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Slade v. American Exchange Nat. Bank

122 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1910-04-22 English

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p. 1145
SLADE et al. v. AMERICAN EXCHANGE NAT. BANK et al.
(Supreme Court, Appellate Division, First Department.
April 22, 1910.)

Headnote

Appeal from Special Term, New York County. Action by Howard Slade and another against the American Exchange National Bank and another. From an order granting a motion of the defendant bank, and striking out parts of the supplementary complaint as irrelevant, plaintiffs appeal.
Modified and affirmed.
See, also, 134 App. Div. 967 , 119 N. Y. Supp. 1112 .
Charles L. Craig, for appellants.
Joseph M. Hartfield, for respondent.

The order should be modified, by providing that paragraphs 1 to 21, both inclusive, paragraphs 24 to 31, both. inclusive, and paragraphs 34 to 51, 'both inclusive, of the supplemental complaint, be stricken out as irrelevant; and the order should be further modified, so as to provide that the plaintiffs may serve upon the defendant a supplemental complaint, containing paragraphs 22, • 23, 32, 33, 52, and 53 of the amended complaint hereto

p. 1146
fore served, within five days from the service of a copy of the order to be entered hereon, with notice of entry upon the attorneys for the plaintiffs. As so modified, the order appealed from should be affirmed, without costs.