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Holmes, Booth & Hayden v. Faber

37 N.Y.S. 427 Court N.Y. App. Div. Decision date 1896-02-07 English

Delivered by BARRETT, J.

Contents

Majority

p. 427
HOLMES, BOOTH & HAYDEN v. FABER.
(Supreme Court, Appellate Division, First Department.
February 7, 1896.)

Headnote

Appeal from special term, New York county.
Action by Holmes, Booth & Hayden, a foreign corporation, organized and existing under and pursuant to the laws of the state of Connecticut, against Eberhard Faber. From an interlocutory judgment overruling a demurrer to the complaint, defendant appeals. Affirmed.
Argued before VAN BRUNT, P. J., and BARRETT, RUMSEY, WILLIAMS, and INGRAHAM, JJ.
James J. Allen, for appellant.
D. M. Porter, for respondent.

This case is similar in its facts to Bank v. Faber (previously decided) 37 N. Y. Supp. 423 , and the result reached in that case controls this one also. The judgment overruling the demurrer should be affirmed, with costs, with leave to the defendant to answer within 20 days from entry of judgment, upon payment of costs of the appeal and costs of the court below. All concur.