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Legal Opinion

Empire State Savings Bank of Buffalo v. . Beard

New York Court of Appeals

Decided December 15, 1896PublishedCited by 8 opinions

Appeals, by certification, from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered October 31, 1891, which affirmed an interlocutory judgment overruling demurrers to the complaint.

1Opinion of the Court

Judgment reversed and demurrer sustained, with costs, on the authority of O'Brien v. Fitzgerald (150 N. Y. 572), with leave to plaintiff to amend within twenty days, on payment of the costs of the demurrer and of the appeals; no opinion.

All concur, except Haight, J.,- not sitting.

2Cases cited1 opinion

  1. O'Brien v. . FitzgeraldNew York Court of Appeals · 1896

3Cited by8 opinions

  1. Emerson v. GaitherCourt of Appeals of Maryland · 1906
  2. Dykman v. . KeeneyNew York Court of Appeals · 1897
  3. Bouton v. . Van BurenNew York Court of Appeals · 1920
  4. Marsh v. . KayeNew York Court of Appeals · 1901
  5. People v. MacDonaldNew York Supreme Court · 1972

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