Clarke v. Mercantile Trust Co.

We have to consider an appeal by the defendant the Mercantile Trust Company from an interlocutory judgment of the Special Term *902overruling its demurrer to the complaint, and a separate appeal by the defendants Charles F. Bfooker and Charles W. Wetmore from ah interlocutory judgment of the Special Term overruling their demurrers to the complaint. The complaint alleges that the plaintiff, and one Byrne, by an agreement in writing with the defendant the Mercantile Trust Company acting for itself and the United States Shipbuilding Company, subscribed to $100,000 of the bonds and 500 shares of the…