Uihlein v. Matthews — 183 N.Y. 563

Majority

p. 563

August Uihlein et al., Respondents, v. Margaret Matthews, Appellant.

(Argued December 15, 1905;

decided January 9, 1906.)

Headnote

Uihlein v. Matthews, 93 App, Div. 57 , affirmed.y

Appeal from an order of the Appellate Division of the Supreme ■ Court in the fourth judicial department, entered March 16, 1901, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at an Equity Term and granting a new trial.

George E. Milliman for appellant.

Henry M. Hill and Scott Cummings for respondents.

Order affirmed and judgment absolute ordered for plaintiffs on the stipulation, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Haight and Yann, JJ. Absent: Bartlett, J. Not sitting: Werner, J.