← Cases

New York Board of Fire Underwriters v. Whipple & Co.

73 N.Y. St. Rep. 392 Court N.Y. App. Div. Decision date 1896-03-06 English

Contents

Majority

p. 392
New York Board of Fire Underwriters, Resp’t, v. Whipple & Company, App’lt.
(Supreme Court, Appellate Division, First Department,
Filed March 6, 1896.)

Headnote

Appeal from an order overruling a demurrer to the complaint.
John T. Fenlon, for app’lts; John Berry, for resp’t.

For the reasons above stated in the opinion of Mr. Justice EUMSEY in the case of Board v. Whipple (decided herewith) — St. Rep.--, the judgment should be affirmed, with costs, with leave to the appellants to withdraw the demurrer in twenty days, and answer, on payment of the costs in this c.ourt and of the costs in the court below.