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

73 N.Y. St. Rep. 397 Court N.Y. App. Div. Decision date 1896-03-06 English

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Majority

p. 397
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 stated in the opinion of Mr, Justice Rumsey in the case of Board of Fire Underwriters 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 court and of the costs in the court below