Sinnott v. Colonial Bank

Truax, J.

(concurring). 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.