Havana City Railway Co. v. American Indies Co.

Full title: Havana City Railway Company and Another, Respondents, v. American Indies…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1900

49 App. Div. 639 (N.Y. App. Div. 1900)

Opinion

March Term, 1900.

Present — Van Brunt, P.J., Barrett, Rumsey, Ingraham and McLaughlin, JJ.

Judgment reversed, with costs, and demurrer sustained, with costs, with leave to plaintiff to amend on payment of costs in this court and in the court below.

PER CURIAM:

For the reasons stated in the case of Havana City Railway Co. v. Ceballos decided herewith ( ante, p. 263), the judgment appealed from should be reversed and the demurrer sustained, with costs in this court and in the court below, with leave to the plaintiff to amend the complaint upon the payment of such costs.