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Houghtaling v. Louisville, New Albany & Chicago Railway Co.

25 N.Y.S. 1045 Court N.Y. Gen. Term Decision date 1893-11-17 English

Delivered by VAN BRUNT, P. J.

Contents

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p. 1045
HOUGHTALING v. LOUISVILLE, N. A. & C. RY. CO.
(Supreme Court, General Term, First Department.
November 17, 1893.)

Headnote

Appeal from special term, New York county.
Action by David H. Houghtaling against the Louisville, New Albany & Chicago Railway Company on a guaranty by defendant of the bonds of the Richmond, Nieholasville, Irvine & Beattyville Railroad Company. From a judgment overruling a demurrer to the complaint, defendant appeals.
Affirmed.
Argued before VAN BRUNT, P. J., and FOLLETT and PARKER, JJ.
Hawkins & Delafield, (E. D. Hawkins, of counsel,) for appellant.
Chambers & Baughton, (W. P. Chambers, of counsel,) for respondent.

For the reasons stated in the case of Bryce v. Same Defendant, 25 N. Y. Supp. 1043 , (decided herewith,) the judgment should be affirmed, with costs, and with leave to withdraw the demurrer, and answer, on payment of the costs and disbursements of the appeal, and costs in the court below. All concur.