Bowers v. Barse — 185 N.Y. 590

Majority

p. 590

John A. Bowers, Appellant, v. Mills W. Barse, Defendant and Spencer S. Bullis, Respondent.

Headnote

Bowers v. Barse, 96 App. Div. 636 , affirmed.

(Submitted May 24, 1906;

decided June 12, 1906.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 26,1904, affirming, a judgment in favor of defendant, respondent, entered upon a dismissal of the complaint as to him by the court on trial at Special Term in an action to recover on a contract guaranteeing payment of dividends upon certain stock of which plaintiff was the owner of a number of shares.

p. 591

C. Walter Artz, Frederick W. Frost and Frank Sullivan Smith for appellant.

J. Arthur Corbin for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Werner and Hiscock, JJ. Absent: O’Brien, J. Not voting: Haight, J.