Webber v. Franklin Brewing Co. — 198 N.Y. 509

Majority

p. 509

Joseph W. Webber, Appellant, v. Franklin Brewing Company, Respondent, Impleaded with Another.

Headnote

Webber v. Franklin Brewing Co., 123 App. Div. 465 , affirmed.

(Argued February 11, 1910;

decided March 1, 1910.)

Appeal from a judgment of the Appellate Division of the upreme Court in the first judicial department, entered ugust 7, 1908, affirming a judgment in favor of defendant

p. 510

entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover the value of certain alleged fixtures removed from leased property.

Joseph Rosenzweig for appellant.

Henry F. Cochrane for respondent.

Judgment affirmed, with costs, on opinion of Scott, J., below.

Concur; Cullen, Ch. J., Haight, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.