Donnelly v. Burnham — 177 N.Y. 546

Majority

p. 546

Margaret Donnelly, by Mary Donnelly, her Guardian ad Litem, Respondent, v. Mary Burnham, Appellant, Interpleaded by The Catholic Mutual Benefit Association.

Headnote

Donnelly v. Burnham,, 86 App. Div. 226 , affirmed.

(Argued December 14, 1908;

decided January 5, 1904.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 17,. 1903j- affirming a judgment in favor of plaintiff entered .upon a .decision of the court' at a Trial Term and an order, denying a motion for á new trial. ■

p. 547

Eugene W. Harrington for appellant.

Thomas H. Dowd for respondent.

Judgment affirmed, with costs, and ten per cent additional under section 3251 of the Code of Civil Procedure; no opinion.

Concur: Parker, Ch. J., Gray, Bartlett, Martin, Vann and Werner, JJ. Absent: Haight, J.

Cases cited

Donnelly v. Burnham 86 App. Div. 226 N.Y. App. Div. 1903-07-07 p. 546