Beck v. McLane — 198 N.Y. 567

Majority

p. 567

Michael J. Beck, Respondent, v. James McLane, Appellant.

Headnote

Beck v. McLane, 129 App. Div. 745 , affirmed.

(Argued March 21, 1910;

decided April 5, 1910.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 0, 1909, which reversed a judgment of the Erie County Court in favor of defendant 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 for an alleged breach of an agreement of indemnity.

L. P. Hancock for appellant.

Medford B. Farrington and Michael A. Gearon for respondent

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on the ground that there was a question of fact for the jury; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscocic, JJ.