Jay v. Wilson — 158 N.Y. 693

Majority

p. 693

William Jay et al., Appellants, v. William G. Wilson, Respondent.

(Argued January 26, 1899;

decided February 28, 1899.)

Headnote

Appeal, by permission, from an order of the late General Term of the Supreme Court in the first judicial department, entered December 24, 1895, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived, and granting a new trial.

Jay v. Wilson, 91 Hun, 391 , affirmed.

Egerton L. Winthrop, Jr., and Flamen B. Candler for appellants.

Gibson Putzel for respondent.

Order affirmed and judgment absolute ordered for defendant on stipulation, with costs, on the prevailing opinion below.

Concur : Gray, O’Brien, Bartlett and Haight, JJ.

Not sitting: Parker, Oh. J.

Not voting : Martin and Vann, JJ.