Thalmann v. Lewis — 195 N.Y. 600

Majority

p. 600

Ernst Thalmann et al., as Copartners under the Firm Name of Ladenburg, Thalmann & Company, Respondents, v. Ladd J. Lewis, Jr., et al., as Copartners under the Firm Name of The Lewis Knitting Company, Appellants.

Headnote

Thalmann v. Lewis, 121 App. Div. 836 , affirmed.

(Argued May 20, 1909;

decided June 1, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1907, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court in an action to recover an amount alleged to be due the plaintiffs for loans to a third party secured by the pledge of certain merchandise which had been delivered to defendants and accepted and retained by them with, notice of plaintiffs’ lien.

p. 601

Henry J. Hemmens, Charles I. Taylor and Thomas H. Beardsley for appellants.

J. Markham Marshall for respondents.

Judgment affirmed, with costs ; no opinion.

Concur ; Gray, Vann, Werner, Willard Bartlett, His-cook and Chase, JJ. Absent: Cullen, Ch. J.