Hyperlawhypertext legal database Conyngham v. Haffen 95 N.Y.S. 1123

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Conyngham v. Haffen

95 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1905-12-08 English

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p. 1123
CONYNGHAM, Appellant, v. HAFFEN, Respondent.
(Supreme Court, Appellate Division, First Department.
December 8, 1905.)

Headnote

Appeal from Trial Term, New York County. Action by Michael Ccnyngham against Louis P. Haffen. From a judgment overruling demurrers to two separate defenses in the answer, plaintiff appeals.
Modified.
R. Weed, for appellant.
W. B. Crowel1, for respondent.

The judgment appealed from should be modified, by affirming the same as to the defease designated in the answer as “a separatf defense,” and by reversing the judgment a id sustaining the demurrer, with costs, with ) ,ave to the defendant "to amend on payment of costs in the court below, as to the defense designated in the answer as “a further •defe'ise.” As so modified, judgment should be aflhmed, without costs of appeal to either party.