Majority
p. 587Reuben H. Underhill, as Receiver of New York and Boston Insurance Company, Respondent, v. Patrick Keirns, Appellant. (Argued February 25, 1902; decided March 25, 1902.)
Headnote
Underhill v. Keirns, 54 App. Div. 814 , affirmed.Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 16, 1900, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on tidal at Special Term and granting a new trial.
Cha/rles C. Sanders and John Vincent for appellant.
Reuben II. Underhill and Henry B. Hathaway for respondent.
p. 588
Order affirmed and judgment absolute ordered for the plaintiff on the stipulation, with costs ; no opinion.
Concur: Parker, Ch. J., Bartlett, Haight, Martin, Vann, Cullen and Werner, JJ.