Bradley & Currier Co. v. Pacheteau — 175 N.Y. 492

Majority

p. 492

Bradley & Currier Company, Appellant, v. Jacques Pacheteau, Respondent.

Headnote

Bradley & Carrier Co. v. Pacheteau, 71 App. Div. 148 , reversed.

(Submitted May 18, 1903;

decided June 2, 1903.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1902, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the complaint.

Austin E. Pressinger and Edgar Whitlock for appellant.

Abraham Levy and Henry W. Unger for respondent.

Order reversed and judgment of Sjiecial Term so modified" as to award a pei’sonal judgment 'only, pursuant to section 3412 of the Code of Civil Procedure, and as thus modified affirmed as of November 9, 1901, without costs in this court or in the Appellate Division to either party ; no opinion.

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