Trustees of Columbia University v. Rathbone — 172 A.D. 902

Majority

p. 902

Trustees of Columbia University in the City of New York, Respondent, v. Joel Rathbone, Appellant, Impleaded with Charles Pfizer, Jr., Defendant.

Headnote

Appeal from a judgment of the Supreme Court, dated the 10th day of June, 1915, and entered in the New York county clerk’s office upon an order entered on the 34th day of April, 1915, granting a motion for judgment upon the pleadings, said appeal bringing up for review said order, and also an order made on the 9th day of June, 1915, that the action be severed and that the plaintiff might enter separate judgments against each of the defendants.

The orders reviewed upon this appeal are affirmed. The judgment should be modified by reducing the amount to the liability accruing after the assignment, and as so modified affirmed, without costs. Clarke, P. J., and McLaughlin, J., dissenting and voting to affirm on the opinion of Shearn, J., at Special Term. Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Smith, JJ. Orders affirmed. Judgment modified as directed in opinion per curiam and as modified affirmed, without costs. Order to be settled on notice.