Majority
p. 932Horace L. Bennett, Appellant, v. John Adams Dix and Others, Respondents.
Order affirmed, with ten dollars costs and disbursements, upon the authority of Herzog v. Marx ( 58 Misc. Rep. 856 ) and Howell v. Wallace ( 37 App. Div. 323 ), without prejudice to an application by the plaintiff, if so advised, to settle issues for trial by jury. All concurred.
Cases cited
- Howell v. Wallace 37 App. Div. 323 p. 932