Legal Opinion · Concurrence
Sinnott v. Colonial Bank
Appellate Terms of the Supreme Court of New York
Decided May 15, 1902Published
Appeal from judgment and order of the General Term of the City Court, affirming a judgment of the Special Term upon a demurrer to defendant’s answer.
1ConcurrenceTruax, J.
I concur in the result. I cannot concede that this demurrer would be tenable if the facts set forth in the answer had been pleaded as a defense to the cause of action set up in the complaint. See Coykendall v. Constable, 99 N. Y. 309.
Judgment and order reversed with costs, with leave to plaintiff, upon payment of costs, to serve a reply.
2Cases cited1 opinion
- Coykendall v. . ConstableNew York Court of Appeals · 1885