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Ampersand Hotel Co. v. Orient Insurance

128 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1911-03-21 English

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p. 1111
AMPERSAND HOTEL CO. v. ORIENT INS. CO., et al.
(Supreme Court, Appellate Division. Third Department.
March 21, 1911.)

Headnote

Appeal from Special Term. Action by the Ampersand Hotel Company against the Orient Insurance Company and another. From an order striking a part of the answer, the defendant named appeals. Reversed.
Hartwell Cabell, for appellant.
Ellison, MacIntyre, & Davis and Frank J. Ryan, for respondent.

We are of opinion that the matters alleged in that part of the answer stricken out may properly be shown in proof of the defense asserted in the answer. The order striking out that part of the answer is therefore reversed.

HOUGHTON, J., dissents.