Burhans v. Union Free School District No. 1 — 165 N.Y. 661

Majority

p. 661

Henry N. Burhans et al., Appellants, v. Union Free School District No. 1 of the Town of Canton, N. Y., Respondent.

Headnote

Burhans v. Union Free School District, 24 App. Div. 429 , affirmed.

(Argued December 31, 1900;

decided February 5, 1901.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, made December 18, 1897, reversing a judgment in favor of plain- ■

p. 662

tiffs entered upon the report of a referee and granting a new trial.

Thomas Hogan for appellants.

Ledyard P. Hale for respondent.

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

Concur : Parker, Ch. J., Gray, O’Brien, Landon, Cullen and Werner, JJ. Absent: Haight, J.