Appellate Division of the Supreme Court of New York, 1905

Conyngham v. Haffen

Conyngham v. Haffen
Appellate Division of the Supreme Court of New York · Decided December 8, 1905 · Riam
95 N.Y.S. 1123 (New York Supplement)

Counsel

R. Weed, for appellant., W. B. Crowel1, for respondent.

Conyngham v. Haffen

Opinion of the Court

PER CT RIAM.

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.

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