Hurt v. Miller — 190 N.Y. 553

Majority

p. 553

William C. Hurt, as Ancillary Executor of William H. Hurt, Deceased, Appellant, v. Abraham P. Miller et al., Composing the Firm of Miller & Company, Respondents.

Headnote

Hurt v. Miller, 130 App. Div. 833 , affirmed.

(Argued December 12, 1907;

decided January 7, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 1, 1907, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover for the alleged wrongful sale by defendants, a firm of stockbrokers, of a contract for a number of bales of cotton bought by them for plaintiff’s testator.

G. A. Mountjoy and William King Hall for appellant.

Charles E. Pushrnore for respondents.

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

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