Tuthill v. Goss
35 N.Y.S. 136
N.Y. Sup. Ct.1895Check TreatmentThe opinion at special term covers the questions so fully that further discussion is unnecessary. The statements in the eighth subdivision of the defendant’s pleading are appropriate for an answer, but out of place in a demurrer. They were therefore properly disregarded at special term, as not being properly before the court. The judgment must be affirmed, with costs, with leave to answer on payment of costs. All concur.