March, 1904.
Interlocutory judgment modified by inserting provision therein allowing plaintiff costs of the demurrer as a condition for permitting defendant to answer, and as so modified affirmed, with costs of both appeals to the plaintiff, on the authority of Tallman v. Bernhard (75 Hun, 30) and Harmon v. Vanderbilt Hotel Co. (79 id. 392; affd., 143 N.Y. 665). — All concurred.
Full title:Margaret Doyle, Appellant, v. W.L. Douglas Shoe Company, Respondent
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Mar 1, 1904
It seems obvious that the learned court has been erroneously influenced by the line of authorities which hold…
de Turckheim v. ThomasIn Tallman v. Bernhard (75 Hun, 30; 31 Abb. N.C. 84) an interlocutory judgment sustaining a demurrer to the…