Trowbridge v. Coss — 195 N.Y. 596

Majority

p. 596

Austin C. Trowbridge, Respondent, v. Charles M. Coss et al., Appellants.

Headnote

Trowbridge v. Ooss, 126 App. Div. 679 , affirmed.

(Argued May 17, 1909;

decided June 1, 1909 )

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 6, 1908, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on. trial at Special Term and granting a new trial in an action ' of partition.

Nathaniel A. Elsberg and Andrew P. McKean for appellants.

Arthur G. Rounds and David Thornton for respondent.

Order affirmed and judgment absolute ordered against appellants on the stipulation, with costs to respondent in all courts payable out of the estate ; no opinion.

Concur: Gray, Vann, Webneb, Willabd Babtlett, Hisoook and Chase, JJ. Absent: Cullen, Ch. J.