Newhouse v. Schundler & De Sola, Inc.

Appellate Division of the Supreme Court of New York

Newhouse v. Schundler & De Sola, Inc.

171 A.D. 924

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1915·No. Appeal No. 1·Published

Opinion

Order on motion for judgment on the pleadings modified by striking out the followng provision: “ Ordered, that plaintiff’s demurrer to the fifth defense in the answer of defendant Schundler & De Sola, Incorporated, be and it is hereby overruled,” and substituting therefor: “ Ordered, that the plaintiff’s demurrer to the fifth defense in the answer of defendant Schundler & De Sola, Incorporated, be and it is hereby allowed.” And as modified affirmed, with ten dollars costs and disbursements to plaintiff, appellant. The ground of this decision is that in the contract of the maker there was not such an alteration as would avoid the instrument. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.

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Order on motion for judgment on the pleadings modified by striking out the followng provision: “ Ordered, that plaintiff’s demurrer to the fifth defense in the answer of defendant Schundler & De Sola, Incorporated, be and it is hereby overruled,” and substituting therefor: “ Ordered, that the plaintiff’s demurrer to the fifth defense in the answer of defendant Schundler & De Sola, Incorporated, be and it is hereby allowed.” And as modified affirmed, with ten dollars costs and disbursements to plaintiff, appellant. The ground of this decision is that in the contract of the maker there was not such an alteration as would avoid the instrument. Jenks, P. J., Stapleton, Mills, Rich and Putnam, JJ., concurred.

Newhouse v. Schundler & De Sola, Inc., 171 A.D. 924 (N.Y. Ct. App. 1915).

Pincite

171 A.D. 924 (Newhouse v. Schundler & De Sola, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.