Miller v. Harris — 194 N.Y. 527

Majority

p. 527

Charles H. Miller et al., as Trustees under the Will of Jane M. Miller, Deceased, Appellants, v. Fanny Harris, Respondent.

Headnote

Miller v. Harris, 125 App. Div. 922 , affirmed.

(Argued December 17,1908;

decided January 5, 1909.)

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

p. 528

28, 1908, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover an amount collected on policies of fire insurance for damages to certain real property on which the plaintiffs held a mortgage.

Otto C. Wierum, Jr., for appellants.

Ezekiel Fixman and Clarence M. Lewis for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Edward T. Bartlett, Haight, Vann, Werner, Hisoocic and Chase, JJ.