Appellate Division of the Supreme Court of New York, 1914

Morris v. Windsor Trust Co.

Morris v. Windsor Trust Co.
Appellate Division of the Supreme Court of New York · Decided June 12, 1914 · Clarke, Ingraham
148 N.Y.S. 1131 (New York Supplement)

Counsel

H. F. Parmelee, of New York City, for appellant., T. F. Gilroy, Jr., of New York City, for respondent.

Morris v. Windsor Trust Co.

Opinion of the Court

PER CURIAM.

Order affirmed, with $10 costs and disbursements, with leave to plaintiff to withdraw demurrer and to reply on payment of costs in this court and in the court below. Order filed. Questions certified to Court of Appeals in 148 N. Y. Supp. 1131.

Dissenting Opinion

INGRAHAM, P. J., and CLARKE, J.,

dissent, as being controlled by the case of Hanover Nat. Bank v. Suddath, 30 Sup. Ct. 63, 215 U. S. 122, 54 L. Ed. 120.

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