Joseph Schlitz Brewing Co. v. Ester — 157 N.Y. 714

Majority

p. 714

Joseph Schlitz Brewing Company, Appellant and Respondent, v. Henry J. Ester et al., Respondents and Appellants.

Headnote

Sohlite Brewing Go. v. Bíter, 86 Hun, 22 , affirmed.

(Argued December 7, 1898;

decided January 10, 1899.)

Cross-appeals from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered May 14, 1895, which reversed in part, and in other respects affirmed, a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits, on trial at Special Term, and granted a new trial as to the part reversed.

Scott Oummings and Henry M. Hill for plaintiff.

Abraham Benedict for defendants.

Judgment and order affirmed and judgment absolute ordered against the defendants upon their stipulation, on their appeal from the order for a new trial, as to the issue arising upon the charge that the chattel mortgage and bill of sale were in fraud of the defendant Henry J. Ester’s creditors; without costs in this court to either party, on opinion below.

All concur, except Martin, J., absent.