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Green v. Schroeder

34 N.Y.S. 1140 Court N.Y. City Ct. Decision date 1895-06-25 English

Delivered by CONLAN, J.

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p. 1140
GREEN v. SCHROEDER.
(City Court of New York, General Term.
June 25, 1895.)

Headnote

Appeal from special term. Action by Sidney Green against Edward S. Sehroeder.
Vanderpoel, Cuming & Goodwin, for appellant.
D. J. M. O’Gallaghan, for respondent.

Appeal from an order sustaining a demurrer, and from an interlocutory judgment thereon entered. We think the court erred in sustaining the demurrer to the second separate defense in the answer. Neely, on the trial, will have to show substantial performance on his part before he or his assignee can recover back the money advanced to Saltus. Exhibit A refers to Exhibit B, and Exhibit B refers to Exhibit A. They are inseparable in law, and must be read as construed together. The judgment and order appealed from must be reversed, and demurrer overruled, with costs.