Barnes v. Midland R. Terminal Co.

Appellate Division of the Supreme Court of New York

Barnes v. Midland R. Terminal Co.

118 N.Y.S. 1093

Appellate Division of the Supreme Court of the State of New York·Decided June 4, 1909·Published

Opinion

PER CURIAM.

Order modified, so that the defendant may serve a supplemental answer upon payment of $300, provided it stipulate to waive all costs if it finally prevail perforce alone of the new matter in such answer, and also that plaintiffs may withdraw, without costs, any allegations in their complaint as to which new matter by way of defense is set up in said answer ; and, as so modified, the order is affirmed, without costs. See, also, 126 App. Div. 435, 110 N. Y. Supp. 545.

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PER CURIAM.

Order modified, so that the defendant may serve a supplemental answer upon payment of $300, provided it stipulate to waive all costs if it finally prevail perforce alone of the new matter in such answer, and also that plaintiffs may withdraw, without costs, any allegations in their complaint as to which new matter by way of defense is set up in said answer ; and, as so modified, the order is affirmed, without costs. See, also, 126 App. Div. 435, 110 N. Y. Supp. 545.

Barnes v. Midland R. Terminal Co., 118 N.Y.S. 1093 (N.Y. Ct. App. 1909).

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Opinion

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