Cary v. . Koerner
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1910, which reversed an interlocutory judgment of Special Term overruling a demurrer to the answer and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 10, 1910, which reversed an interlocutory judgment of Special Term overruling a demurrer to the answer and sustained such demurrer. The following question was certified : “ Are the defenses consisting of new matter, contained in the answer of the defendant Hazel M. Koerner, individually and as administratrix, etc., and to which the plaintiff has demurred, insufficient in law upon the face thereof? ” - The nature of the action and the facts, so far as material,…
1Opinion of the CourtWillard Bartlett, J.
The plaintiff is the assignee of a certificate of the tax sale of certain lands in the city of Buffalo, which certificate was made and delivered to one Walter Cary on May 26, 1898, by the comptroller of the city and certified that the sale had been made for taxes and assessments upon said lands contained in the general tax rolls of the city for the year 1897, returned by the treasurer to the comptroller as being unpaid. None of the lands were redeemed and the plaintiff elected to recover the amount paid therefor, to wit, $139.36, together with interest thereon from May 26, 1898, at the rate…
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