Dunham v. City Trust Co. — 193 N.Y. 642

Majority

p. 642

William G. Dunham, Appellant, v. City Trust Company of New York, Respondent.

Headnote

Dunham v. City Trust Co. of N. Y., 115 App. Div. 584 , affirmed.

(Argued October 22, 1908;

decided November 10, 1908.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 16,1906, sustaining defendant’s exceptions ordered to be heard in the first instance by the Appellate Division and granting a new trial in an action to recover damages alleged to have been caused plaintiff through defendant’s delay in transferring certain shares of stock.

Peter B. Olney for appellant.

Albert B. Boardman 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, Hiscock and Chase, JJ.