Appellate Division of the Supreme Court of New York, 1938

Burden v. Shaver

Burden v. Shaver
Appellate Division of the Supreme Court of New York · Decided November 23, 1938
255 A.D. 940; 8 N.Y.S.2d 1014; 1938 N.Y. App. Div. LEXIS 5913
Burden v. Shaver

Opinion of the Court

Order so far as appealed from affirmed, with ten dollars costs and disbursements, on the authority of Rochester Trust & Safe Deposit Co. v. Hatch (273 N. Y. 507) and Johnson v. Meyer (268 id. 701). All concur. (The order grants a motion to strike out parts of an answer, in an action by a mortgagee under a bond to recover taxes paid and interest due.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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