← Cases

Weil v. Harburger

143 A.D. 926 Court N.Y. App. Div. English

Decision Majority · Dissent — McLaughlin, J. (dissenting):

Contents
p. 926
Jonas Weil and Bernhard Maybe, Respondents, v. Henry Harburger Appellant, Impleaded with Sophie Harburger and Others. .

Headnote

Appeal from order directing judgment on the pleadings.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present—Ingraham, P. J., McLaughlin, Scott, Miller and Dowling, JJ. McLaughlin, J., dissented.

I dissent upon the ground that an issue was raised by the answer as to the amount which was owing to plaintiffs; and for that reason j udgment could not be directed under section 547 of the Code of Civil Procedure.