Russell v. Herrick — 195 N.Y. 586

Majority

p. 586

James C. Russell et al., as Executors of Thomas Russell, Deceased, Appellants, v. Edmund R. Herrick et al., Defendants, and Eliot Norton, Respondent.

Headnote

Bussell v. Herrick, 127 App. Div. 503 , reversed.

(Argued March 4, 1909;

decided June 1, 1909.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 10,- 1908, which reversed a judgment in favor of plaintiffs entered upon a verdict directed by the court and an order denying a motion for a new trial and granted a new trial in an action to recover upon certain promissory notes.

John Ewen for appellants.

Robert Thorne for respondent..

Order of Appellate Division reversed and judgment at Trial Term affirmed, on dissenting opinion of Houghton, J., in Appellate Division, with costs in both courts.

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