Cramsey v. Sterling — 188 N.Y. 602

Majority

p. 602

Edward Cramsey, Respondent, v. Charles A. Sterling, Appellant.

(Argued April 15, 1907;

decided April 30, 1907.)

Headnote

Cramsey v. Sterling, 111 App. Div. 568 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 9, 1906, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial in an action to rescind and set aside a conveyance of an interest in certain real and personal property upon the ground of false representations having induced the conveyance.

Hubert E. Rogers for appellant.

Lyman E. Warren and George W. Bristol for respondent.

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

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hisoook, JJ.