Appellate Division of the Supreme Court of the State of New York February 7, 1908 (Jacobson v. German-American Button Co.)

McLaughlin, J. :

Action to recover damage's for'the breach of a contract for the sale and Jhlivery of certain burlap bags, alleged to have been made between plaintiff and a corporation, the assets of which it is alleged were assumed and taken over by the defendant. '

The answer puts in issue the material allegations of the complaint • and alleges that the defendant was .