General
Samuel G. Metcalf, as Receiver, etc., Appellant, v. Jose A. Del Valle, Impleaded, etc., Respondent
137 N.Y. 545·New York Court of Appeals·1893·NY
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Opinion
Samuel G. Metcalf, as Receiver, etc., Appellant, v. Jose A. Del Valle, Impleaded, etc., Respondent.
(Argued January 16, 1893;
decided January 31, 1893.)
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 18, 1892, which affirmed a judgment in favor of defendant, entered upon an order of Special Term sustaining a demurrer to plaintiff’s complaint.
Charles A. Murphy for appellant.
L. S. Hulse for respondent.
[MAJORITY]
Agree to affirm on authority of Bostwick v. Menck (40 N. Y. 383); no opinion.
All concur, except Earl, J., dissenting.
Judgment affirmed.