Hawes v. Dunlop. No. 2

Full title: GERTRUDE D. HAWES, Respondent, v . ELIZA C. DUNLOP and OLIVER J. WELLS…

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

Date published: Feb 18, 1910

136 App. Div. 631 (N.Y. App. Div. 1910)

121 N.Y.S. 382

Opinion

February 18, 1910.

Henry H. Snedeker, appellant, in person.

Gilbert Ray Hawes of counsel [ Irving Goldberg with him on the brief], for the respondent.

CLARKE, J.:

This is an appeal by the defendant Snedeker from an interlocutory judgment of the Special Term sustaining a demurrer to the further defense set up in his answer.

In Hawes v. Dunlop, No. 1 ( 136 App. Div. 629), upon the appeal by Mrs. Dunlop from an interlocutory judgment overruling a demurrer to the same complaint, we have held that it did not state facts sufficient to constitute a cause of action. That being so this judgment sustaining a demurrer to the answer should be reversed, with costs, and the demurrer overruled, with costs, with leave to the respondent upon payment of costs in this court and in the court below to withdraw said demurrer.

INGRAHAM, P.J., LAUGHLIN, SCOTT and MILLER, JJ., concurred.

Judgment reversed, with costs, and demurrer overruled, with costs, with leave to respondent to withdraw demurrer on payment of costs.