City of New York Municipal Court June 15, 1895 (Green v. Schroeder)

Conlan, J.

Appeal from an order sustaining a demurrer, and from an interlocutory judgment thereon entered.

We think the court erred in sustaining the demurrer to the second separate defense in the answer.

Neely, on the trial, will have to show substantial perform-, anee on his part before he or his assignee can recover back the money advanced to Saltus.