Conyngham v. Haffen

95 N.Y.S. 1123

Opinion

PER CT RIAM.

The judgment appealed from should be modified, by affirming the same as to the defease designated in the answer as “a separatf defense,” and by reversing the judgment a id sustaining the demurrer, with costs, with ) ,ave to the defendant "to amend on payment of costs in the court below, as to the defense designated in the answer as “a further •defe'ise.” As so modified, judgment should be aflhmed, without costs of appeal to either party.