Majority
p. 741Emanuel H. Loeb and Others, Appellants, v. Carl Mosheim, Respondent.
Order so far as appealed from affirmed, with ten dollars costs and disbursements. No opinion. Present — Finch, McAvoy, Martin and O’Malley, JJ.; Finch, J., dissents and votes to reverse the order so far as appealed from and grant the motion to strike out the third defense. (See McMillan v. Arthur, 98 N. Y. 167 ; Minneapolis Trust Co. v. Mather, 181 id. 205 .)
Cases cited
- McMillan v. Arthur 98 N. Y. 167 p. 741