Decker v. Kells — 183 N.Y. 545

Majority

p. 545

Mary L. Decker, Respondent, v. Hiram Kells, Individually and as Guardian of Mary L. Decker, Appellant.

(Argued November 27, 1905;

decided December 12, 1905.)

Headnote

Decker v. Kells, 92 App. Div. 615 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1904, affirming a judgment in favor of plaintiff entered upon the report of a referee.

T. E. Courtney and J. Courtney for appellant.

James Dougherty for respondent.

Judgment modified by striking therefrom the sum of sixty dollars taxed below for stenographer’s fees, and as so modified affirmed, with costs in this court to respondent; no opinion.

Concur: Cullen, Oh. J., Gbay, O’Beien, Babtlett, Haight, Vann and Webneb, JJ.