141 A.D. 78 | N.Y. App. Div. | 1910
This is an appeal from an interlocutory judgment sustaining a demurrer to an amended complaint. The original complaint was likewise demurred to, and the demurrer sustained by the Special Term, whose decision was affirmed by this court on the opinion of the trial court. (Kelsey v. Distler, 133 App. Div. 916.) The question involved in this appeal is whether the complaint as amended-states a cause of action against the defendants Bistler and Van Inwegen, w,ho again demur, the defendant Hodges having answered. The amended complaint is somewhat voluminous, but it's salient facts may be stated briefly. The defendant Hodges was the local agent in the borough of Brooklyn of several fire insurance companies. He received applications for insurance from his clients and submitted them to his principals. If the insurance was accepted, he received
The interlocutory judgment should be reversed, with costs of this appeal, and the demurrer overruled, with leave to the defendants to answer on payment of thirty dollars costs within twenty days.
Woodward, Jenks, Burr and Thomas, JJ., concurred.
Interlocutory judgment reversed, with costs of this appeal, and demurrer ovemiled, with leave to the defendants to answer on payment of thirty dollars 'costs within twenty days.