Fitch v. Fraser — 188 N.Y. 605

Majority

p. 605

Augustus S. Fitch et al., Respondents, v. Tina B. Fraser, Appellant.

(Argued April 16, 1907;

decided April 30, 1907.)

Headnote

Fitch v. Fraser, 109 App. Div. 440 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December!, 1905, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial in an action to compel contribution in payment of a promissory note of which all the parties to the action were signers.

Fdwin D. Wagner and Robert A. Fraser for appellant.

Alexander Weish for respondents.

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

Concur: Cullen, Oh. J., Gbay, Edwabd T. Babtlett, Haight, Webneb, Willabd Babtlett and Hiscook, JJ.

Cases cited

Fitch v. Fraser 109 App. Div. 440 N.Y. App. Div. 1905-11-15 p. 605