Augsbury v. Shurtliff — 190 N.Y. 507

Majority

p. 507

David D. Augsbury, as Administrator with the Will Annexed of Sarah A. Roof, Deceased, Appellant, v. Loren F. Shurtliff, Respondent.

Headnote

Augsbury v. Shurtliff, 114 App. Div. 626 , affirmed.

(Argued October 22, 1907;

decided November 19, 1907.)

Appeal froili an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 19, 1906, which reversed a judgment in favor of plaintiff entered" upon a verdict directed by the court and granted a new trial in an action to recover possession of a bank book issued to plaintiff’s intestate.

E. C. Emerson and George W. Beeves for appellant.

John ]V. Carlisle for respondent.

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

Concur: Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett and Chase, JJ. Not voting: O’Brien, J.