Majority
p. 631The J. & A. McKechnie Brewing Company, Respondent, v. The Trustees of the Village of Canandaigua et al., Appellants. (Argued March 14, 1900; decided April 3, 1900.)
Headnote
McKechnie Brewing Co. v. Trustees, 15 App. Div. 139 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1897, reversing a judgment in favor of defendants entered upon the report of a referee, and granting a new trial.
John Colmey and James C. Smith for appellants.
Frank Rice and Henry M. Field for respondent.
Order affirmed and judgment absolute ordered for plaintiff on the stipulation on opinion of Putnam, J., below, with costs.
Concur: Parker, Oh. J., Gray, Bartlett, Cullen and Werner, JJ. Not voting : Martin and Vann, JJ.
Cases cited
- J. & A. McKechnie Brewing Co. v. Trustees of Village 15 App. Div. 139 p. 631