von der Born v. Schultz — 188 N.Y. 596

Majority

p. 596

John von der Born, Appellant, v. Anton Schultz, Respondent.

(Argued April 9, 1907;

decided April 30, 1907.)

Headnote

von der Born v. Schultz, 111 App. Div. 263 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered-March 2, 1906, which reversed a judgment in favor of plaintiff entered upon a verdict and granted a new trial in an action to recover for an alleged breach of contract.

Robert C. Beatty .for appellant.

Brainard Tolies and George W. MeAdam for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., O’Brien, Edward T. Bartlett, Haight, Yann, Hiscocic and Chase, JJ.