Hyperlawhypertext legal database Talley v. James Everard's Breweries 133 N.Y.S. 1146

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Talley v. James Everard's Breweries

133 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1912-01-26 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J., and MILLER, J.,

Contents
p. 1146
TALLEY et al., Respondents, v. JAMES EVERARD’S BREWERIES, Appellant.
(Supreme Court, Appellate Division, First Department.
January 26, 1912.)

Headnote

Action by John J. Talley and others, as executors, etc., against James Everard’s Breweries.
H. Hirshberg, for appellant.
A. J. Talley, for respondents.

Judgment and order affirmed, with costs. See, also, 137 App. Div. 943 , 122 N. Y. Supp. 1127 , 1147.

dissent, upon the ground that the defendant had an absolute right to answer the amended complaint, and that it was error for the court to deny that right, or to refuse to adjourn the case to enable the defendant to prepare for trial. Order filed.