Killian v. Heinzerling — 190 N.Y. 556

Majority

p. 556

Agnes E. Killian, Appellant, v. Katherine E. Heinzerling, as Administratrix of the Estate of John Schellhase, Deceased, Respondent.

Headnote

Killian v. Heinzerling, 119 App. Div. 867 , affirmed.

(Submitted December 17, 1907;

decided January 7, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered

p. 557

April 23, 1907, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term in an action to compel the specific performance of an oral contract alleged to have been made by defendant’s intestate with the plaintiff.

Edward Miehlvng for appellant.

John E. Donnelly, William J. Amend and Alfred J. Amend for respondent.

Judgment affirmed, with costs, without prejudice to any other action respecting the Metropolitan Street Railway bonds; no opinion.

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