First National Bank v. United States Encaustic Tile Co.

Howk, J. —

This was a suit by the appellant, as sole plaintiff, against the appellees, the Encaustic Tile Company and John L. Mothershead, as the receiver of such company, as defendants. The separate demurrer of the Encaustic Tile Company to the appellant’s complaint, for the alleged want of facts therein to constitute a cause of action, was sustained by the court at special term. The appellee Mothershead separately answered in a single special paragraph, to which the appellant’s demurrer, for the alleged want of facts, was overruled by the court in special term. The appellant refused to amend…