Seger v. Farmers' Loan & Trust Co. — 176 N.Y. 589

Majority

p. 589

George N. Seger, as Administrator of the Estate, of Louisa Schaeffler, Deceased, Respondent, v. The Farmers’ Loan and Trust Company, as Substituted Trustee under the Will of Caroline Wildberger, Deceased, Appellant, Impleaded with Another.

Headnote

Seger v. Farmers’ Loan & Trust Go., 73 App. Div. 393 , reversed.

(Argued October 26, 1903;

decided November 10, 1903.)

Appeal from a judgment, entered November 24, 1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, affirming an interlocu

p. 590

tory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

James F. Horcm for appellant.

John G. GuUck for respondent.

Judgment reversed and new trial granted, costs to abide event, on dissenting opinions of Ingraham and Laughlin, JJ., below.

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