General
The Empire State Savings Bank of Buffalo, Respondent, v. Daniel C. Beard et al., Appellants
151 N.Y. 638·New York Court of Appeals·1896·NY
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Opinion
The Empire State Savings Bank of Buffalo, Respondent, v. Daniel C. Beard et al., Appellants.
Umpire State Savings BanJc v. Beard, 81 Hun, 184, reversed.
(Argued November 30, 1896;
decided December 15, 1896.)
Appeals, by certification, from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered October 31, 1891, which affirmed an interlocutory judgment overruling demurrers to the complaint.
John G. Milburn for Charles Berrick, appellant.
Herbert P. Bissell for Russell H. Potter, appellant.
George J. Sicard for Daniel C. Beard and Henry H. Otis, appellants.
Frank C. Ferguson for Peter J. Ferris, appellant.
Charles Daniels, Charles H. Daniels and George A. Lewis for respondent.
[MAJORITY]
Judgment reversed and demurrer sustained, with costs, on the authority of O'Brien v. Fitzgerald (150 N. Y. 572), with leave to plaintiff to amend within twenty days, on payment of the costs of the demurrer and of the appeals; no opinion.
All concur, except Haight, J.,- not sitting.