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First Nat. Bank of Detroit v. Hollins

144 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1913-12-31 English

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p. 1115
FIRST NAT. BANK OF DETROIT, MICH., Appellant, v. HOLLINS et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
December 31, 1913.)

Headnote

Action by the First National Bank of Detroit, Mich!, against Harry B. Hollis and others.

Order reversed as to defendant Govin, with $10 costs and disburse

p. 1116
ments. Defendants’ motion to strike out the second amended complaint denied, with $10 costs. The precise averment that the written part of the agreement alleged in paragraph 19 is contained in the two letters set forth, and that all else beyond the terms of the letters is oral, renders the complaint, as so amended, sufficiently definite and certain.