Opinion
October Term, 1900.
Present — Van Brunt, P.J., Rumsey, Patterson, O'Brien and McLaughlin, JJ.
Judgment affirmed, with costs, with leave to defendants to withdraw demurrer and answer in twenty days on payment of costs of demurrer and of appeal.
The judgment is affirmed for the reasons given in the opinion of the learned justice at Special Term, but without passing upon the sufficiency of the complaint. The judgment should be affirmed, with costs, with leave to the defendants to withdraw the demurrer and answer in twenty days on payment of the costs of the demurrer and of this appeal.
The following is the opinion of the justice at Special Term:
ANDREWS, J.: The complaint sets forth a single cause of action only. The demurrer is to a portion of said cause of action only, and is, therefore, bad. Demurrer overruled with leave to answer on payment of costs.