Van Slochem v. Villard — 154 A.D. 166

Majority

p. 166

Herman Van Slochem, Respondent, v. Harold G. Villard and Others, Defendants, Impleaded with Edward Ashforth and Others, Appellants. (Appeal No. 2.)

First Department,

December 6, 1912.

Headnote

See head note in Van Slochem v. Villard, No. l (ante, p. 161).

Appeal by the defendants, Edward Ashforth and others, from an order of the Supreme Court, made at the New York Special' Term and entered in the office of the clerk of the county of New York on the 26th day of July, 1912, denying the said defendants’ motion for judgment on the pleadings.

Edgar J. Nathan, for the appellants.

Henry L. Scheuerman, for the respondent.

For the reasons stated upon the appeal of Harold Gr. Villard (Van Slochem v. Villard, No. 1, 154 App. Div. 161 ) from the order overruling his demurrer to the complaint, the order herein appealed from will be affirmed, with ten dollars costs and disbursements.

Ingraham, P. J., McLaughlin and Clarice, JJ., concurred; Dowling, J., dissented.

Order affirmed, with ten dollars costs and disbursements.