Majority
p. 634Augustus Meyers, Respondent, v. Lawson C. Rich and D. K. Martin Roofing and Manufacturing Company, Respondents; Charles N. Talbot, as Assignee for the Benefit of Creditors of Andrew J. Robinson, Appellant, Impleaded with Others.
Headnote
Judgment reversed, and judgment directed for defendant, dismissing complaint on the merits, without costs.—Appeal from a judgment entered upon the decision of the court after a trial at the New York Special Term.—The questions involved on this appeal are the same as those under consideration in the case of Kane Co. v. Kinney (ante, p. 163); and for the reasons assigned in the opinion in that case the judgment appealed from must be reversed, and judgment directed for the defendant dismissing the complaint • upon the merits, without costs. Present—Van Brunt, P. J., Patterson, O'Brien and Laughlin, JJ.