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Leonard v. Faber

72 N.Y. St. Rep. 678 Court N.Y. App. Div. Decision date 1896-02-07 English

Delivered by BARRETT, J.

Contents

Majority

p. 678
Charles Leonard et al., Resp’ts, v. Eberhard Faber, App’lt.
(Supreme Court, Appellate Division, First Department,
Filed February 7, 1896.)

Headnote

Appeal from an interlocutory judgment, overruling a demurrer to the complaint.
James J. Allen, for app’lt; D. M. Porter, for resp’ts.

—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 twenty days from the entry of judgment, upon payment of costs of the appeal and costs of the court below.

All concur.