Kindelberger v. Kunow — 195 N.Y. 517

Majority

p. 517

Louis Kindelberger, Appellant, v. Fred D. Kunow, Respondent.

Headnote

Kindelberger v. Kunow, 122 App. Div. 158 , affirmed.

(Submitted March 2, 1908;

decided March 16, 1908.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 13, 1907, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granted a new trial in an action to recover personal property alleged to have been wrongfully detained by defendant.

Thomas Carmody for appellant.

JM. A. Leary 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, Werner, Willard Bartlett, Hiscock and Chase, JJ. Not voting: Edward T. Bartlett, J.