Herendeen v. Wilson

Interlocutory judgment (82 Misc. Rep. 290, 143 N. Y. Supp. 669) modified, by striking out the words “upon the merits,” and, as so modified, affirmed, with costs, with leave to the plaintiff to plead over within 20 days, upon payment of the costs of the demurrer and of this appeal.

MERRILL, J., dissents.